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  • Use of the symbol "TM" in connection with otherwise unregistrable matter does not make such matter a trademark, only evidence of applicant's attempts and intent to educate the trade and purchasing public that it regards the term as its trademark for such goods.
    • In re Mine Safety Appliances Company, Serial No. 75/501,608, (TTAB 2002).
      • While, among other things, it is well settled that use of the symbol "TM" in connection with otherwise unregistrable matter does not make such matter a trademark,8 the use thereof by applicant in connection with its advertising and promotional materials for its "WORKMASK" self-contained breathing apparatus is evidence of applicant's attempts and intent to educate the trade and purchasing public that it regards the term "WORKMASK" as its trademark for such goods.

        FOOTNOTE 8 "See, e.g., In re Leatherman Tool Group, Inc., supra at 1450; In re Manco Inc., 24 USPQ2d 1938, 1942 n. 11 (TTAB 1992); In re Pennzoil Products Co., supra at 1760 n. 15; In re General Foods Corp., 177 USPQ 403, 404 n. 1 (TTAB 1973); and In re Nosler Bullets, Inc., 169 USPQ 62, 64 (TTAB 1971)."

In re Mine Safety Appliances Company, Serial No. 75/501,608, (TTAB 2002) Grand Total
In re Leatherman Tool Group Inc., 32 USPQ2d 1443 (TTAB 1994) 1
In re Manco Inc., 24 USPQ2d 1938 (TTAB 1992) 1
In re Pennzoil Products Co., 20 USPQ2d 1753 (TTAB 1991) 1
In re Mucky Duck Mustard Co. Inc., 6 USPQ2d 1467 (TTAB 1988) 1
In re General Foods Corp., 177 USPQ 403 (TTAB 1973) 1
In re Nosler Bullets Inc., 169 USPQ 62, 64 (TTAB 1971) 1
Grand Total 6 6
No Statutes Listed.

Click to view the entire TTAB Opinion (PDF format).