In this age of social media marketing, what’s in a name? A client of our public relations agency recently asked our opinion on whether or not the company should use a small trademark (“™”) or registered trademark (“®”) notation following the use of its corporate name online. From Twitter to Facebook posts, should trademark symbols be used in marketing communications on social media?
That’s a good question. As a social media-focused agency that specializes in brand marketing, this isn’t the first time we’ve had to consider how to employ trademarks and brand names online.
There are legal reasons why you might want to use trademark symbols in social media posts. For insight, I consulted with my former colleague, Kristine Dorrain, who serves as Legal Counsel for the National Arbitration Forum domain name dispute resolution program and adjunct instructor at William Mitchell College of Law. Professor Dorrain advised that including trademark symbols on Facebook and other social media channels can “discourage others from adopting your trademark.”
If you haven’t yet registered your trademark or are trying to build your brand, the use of trademark symbols in social media might be a good idea for you “to erect that obvious picket fence by using ™ around what [companies] want as their trademarks.” Dorrain added: “Use of the trademark symbol signifies that the mark, though unregistered, is considered by you to be your trademark.”
Intellectual property lawyer Craig Albert, in an interview for an Inc. article on how to protect your trademark from infringement, counsels that you should use trademark symbols “wherever you have a big display. The basic idea is that someone should see it if they’re reading an ad or a body of copy for your business. It’s to alert the public to what is your registered mark.” He added: “The big guys tend to use the little R logo about 50 percent of the time they display their registered mark.”
From Xerox and Google to Starbucks and Johnson & Johnson’s Band-Aid, we took a look at the strategies of branding giants.
Still, Albert confirmed, “you don’t need to include that little TM or R every single time you mention your company’s name.” He points to the Starbucks website, where the coffee company chooses to display the trademark symbol next to its corporate mermaid logo and a registered symbol next to its VIA® instant coffee brand. Still, Starbucks does not use the symbols in social media posts.
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From a marketing standpoint, Twin Cities communications guru Arik Hanson weighs in: “To be honest, I haven’t seen too many brands that use trademark symbols after product names in EVERY instance on social channels. That said, if your team’s attorneys insist on that approach, I’d do what any good PR counselor would do: I’d sit down and negotiate. Maybe there would be wiggle room around using the trademark somewhere in the bio or company description in the social media profile – and not on every tweet or post. Keep in mind, I am NOT an attorney, but I always advocate for working closely with legal counsel when possible. You don’t want to make any enemies in your company/client’s legal group!”
Given the informal, conversations-based nature of social media channels, it’s no surprise that some brands do not include trademark symbols. “Google has the luxury of only using the ® (for “Registered TM”) when it wants to because “everyone” knows Google is someone else’s trademark,” Dorrain explained. However, smaller or start-up companies should consider closely the use of trademark symbols on social media and, of course, when in doubt, be sure to consult an attorney specializing in intellectual property or trademark law for a final legal opinion.
We believe it’s ultimately up to your organization to consider the use of trademark symbols in your social media posts. For your company, be sure to find a solution that works for you, and then be consistent in your use of trademarks online and in social media posts!
So, what’s your opinion? Are trademarks in social media posts necessary, totally unneeded or somewhere in between?
Our solutions, expertise and experience allow us to provide the insight, intelligence and knowledge to assist your business to establish, maintain and enhance the competitive advantage that it deserves in today’s environment.