What is a Trademark?
A phrase or a title cannot be copyrighted, but it can be trademarked. A trademark is a word, name, symbol, device, or any combination of these items used to identify a product by a manufacturer. Most trademarks carry one of these symbols ®, TM or SM. One of these phrases can also identify trademarked items: *Registered in the
U.S. Patent and Trademark Office; and *Reg. U.S. Pat. & T.M. Off.
Trademark protection means that these materials cannot be used for any commercial purpose without trademark infringement. You can use a trademark to identify the product itself, e.g., to say that a student “just loves Milky Way® bars.” You can’t use a trademark for a yearbook without permission.
The purpose of trademarks is to identify the source of a product and give a representation of consistent and desirable quality symbolized by that mark. Any use of a trademark that is likely to cause confusion as to the source, sponsorship or affiliation of a product or that dilutes the strength or tarnishes the image of a mark could
violate the trademark owner’s rights.
Some examples might help to illustrate this idea. Showing a picture of a Nike tennis shoe as part of a section dealing with student fads is not a trademark violation because you are identifying the product. If you used the Nike symbol on the yearbook cover and throughout the yearbook as a theme, it would be a trademark violation
since it implies that Nike sponsored or published the yearbook.
You can show a group of students gathered around a Pepsi machine drinking cans of pop since the Pepsi symbol essentially identifies the product. You cannot use a trademarked phrase from a Pepsi advertising campaign to help sell your yearbook.
There can be other serious consequences from trademark infringement. A school in Colorado had always used the Olympic Rings as a school symbol, which happens to be protected by a special trademark law. The school even had a large scale model of the rings outside the school building. When the staff decided to use the rings
in the yearbook, they contacted the Olympic Committee to request permission. Not only did the Olympic Committee refuse to let them use the Olympic symbol in the yearbook, the school had to remove the rings in front of the school.
Obtaining Permission
If you want to use materials that are copyrighted or trademarked, you need to get permission from the copyright or trademark holder. Here are some steps to follow:
Find out who holds the copyright or trademark.
A published work may include the copyright holder’s name and address in the material. If neither is there, you can try the local library, or looking up the ownership on the internet, e.g., at the websites of the United States Patent and Trademark Office or the U.S. Copyright Office. Many libraries have directories containing publisher’s
addresses and telephone numbers. You may be able to obtain permission to use trademarked material from the corporation that owns the trademark.
Contact the copyright or trademark holder.
You can try contacting them by telephone, but they may want you to submit your request in writing. Include the following information:
• Title, author and/or editor of work to be reproduced.
• Exact material you want to use including page numbers, chapters, and amount. If possible, include a photocopy of the material.
• Number of copies of your publication.
• Use of materials. In other words, where you want to include the material and how it will be used.
• Form of distribution.
• Distribution location.
• Whether you will sell the material.
Allow ample time to receive permission.
Some sources recommend that you allow at least a month, but to be safe, you need to allow even more time. The copyright holder may have questions or need assurance on some points. If you want to use copyrighted or trademarked material, make the decision as early as possible and immediately apply for permission for
use.
The copyright holder may want to charge you a fee for using the material. You may receive permission to use the material with some restrictions. It is very important to observe these restrictions carefully to avoid delays in your publication. Submit a copy of the permission to use document to your printer along with protected material.
Then, your printer will know you have the right to use the material, and he will not delay publication.