On the issue of ARES trademark. It has made some comment on the PR reflector and in South Florida. Here is the feelings from W4STB who is chairman of the PR reflecor and happens to be SM of South Florida so she is hearing double. 73 Sandy, W4RU ----- Original Message ----- From: "Sherri Brower" <w4stb@bellsouth.net> To: "Rudy Hubbard" <wa4pup@bellsouth.net>; <kc4toc@comcast.net>; "'Ted Zateslo'" <zateslo@quartz.gly.fsu.edu>; <alvinsewell@earthlink.net>; <dave.davis1@worldnet.att.net>; <hamradio4@yahoo.com>; <jfleming@nettally.com>; <k1ce@cfl.rr.com>; <k2efa@arrl.net>; <k4jtd@aol.com>; <kb2ev@aol.com>; <kb4hah@hotmail.com>; <kd4nlv@aol.com>; <kf4hfc@arrl.net>; <kf4jmm@netscape.net>; <kg4efr@bigfoot.com>; <n4bgh1@earthlink.net>; <n4ryx@aol.com>; <n4sgq@arrl.net>; <steves001@cox.net>; <w2dwr@arrl.net>; <wa4b@arrl.net>; <wa4nda22@juno.com>; <wv1x@arrl.org>; <wy8o@sprintmail.com>; <wyork@inetw.net>; <zateslo@quartz.gly.fsu.edu> Cc: <ko4tt@bellsouth.net>; <W4ru@arrl.org>; <w4rh@arrl.org> Sent: Sunday, July 25, 2004 1:12 PM Subject: RE: Fwd: Item 20 - July BOD Meeting

At the risk of sounding serious I'm inserting the text of a message below - it's from the PR reflector. Basically use the R symbol the 1st time you use the A word.

I must admit I am enjoying the comments and have had a few grins.

I also have to agree that this is not the first time the BOD had come out with something and not researched what the "troops in the trenches" were supposed to do with the info. They've even come out with comments and "orders" and then done nothing to clarify or "enforce." This one should have had clarification and legal council before it was issued. Large corporations usually do that, the Fed, well they roll out the software, test it with 800 users and say it'll hold up and then on Monday 5000 try to use it at once and guess what 800 does not equal 5000... but that's another story.

This is not the only group buzzing about this - the PR reflector is busier than it has been since Field Day.

My take is let's see what HQ manages to give us this week, Steve, Wv1X will be at a Citizen Corps conference - he'll need "proper brochures" etc. So Steve, what's the effective date and what are you taking with you? My gut feeling is that if some group sends a press release or did a public display this weekend or if we assist with a tropical storm next week and we don't have the proper wording in place the most it would be is an inquiry and the parties involved would say - oops, that's all I had available or I didn't see the directive. I'm not a lawyer so don't take it as gospel and don't think I'm condoning using the A word without the symbol.

-------------------------------- Hi,

Regarding the use of marks (trademark, servicemark, etc.)...

Normally, the logo/artwork is always accompanied with the registration mark which would be an "R" in a circle if it is a registered mark, a "TM" if it is a trademark without registration, "SM" if it is a servicemark.

Within a text the use of a trademark symbol varies. Usually the first reference to the trademarked word or phrase bears a symbol following the first occurence. All other occurences are understood to be trademarked. Many times in advertising you will see the mark owner reiterate the registration symbol for emphasis.

In common texts such as books, magazines, etc. you should always see the trademarked word or phrase with an initial capital letter, for example "Kleenex." Trademarked words and brand names should always be capitalized.

Many times you will see Caterpillar (the tractor, earth-moving equipment company) advertise the difference between their company and brand as opposed to caterpillar, the little creature the turns into a butterfly. Notice that the tractor is always capitalized. The little creature is a lowercase letter.

A trademark owner can establish specific rules regarding the representation of their mark when it is used. Most times this is a control which is issued to organizations under their control (franchisees, retailers advertising and selling the trademark owner's property, and similar folks). They may specify the size and placement of a mark, the proximity to other or association with other marks, the use of colors or black and white, and other limitations.

In a tome, such as an ARES operating manual, the use of the artwork should always bear the symbol, the first occurence of the word(s) might bear a registration mark, and a reference somewhere in the document to the word(s), artwork could make the trademark claim.

If you place the overall reference at the front of the document then usually you would not place a trademark symbol following the first occurence of the word(s) in the general body of the text. You would always continue to capitalize the trademarked word(s) in the text.

Watch how a newspaper represents trademarks in general news stories. They capitalize the words. They don't place a trademark symbol after the text and, they don't include a general trademark reference.

These are general rules for the use of marks.

Please note, we have not discussed copyright, copyright notification and the copyright symbol. This is something completely different from trademark notificatiton.

K8arl