Using trademarks in public relations writing

I have a client with in-house legal counsel that requests we include the trademark TM designation after every written instance of the company name and products.

I agree that it’s important to note that the names have been trademarked. My experience and education has taught me that it’s appropriate to use the TM in the first instance, then leave it out for the remainder of the press release or article.

The attorney and I disagree over this point.

So today I took a poll. I asked public relations practitioners on Twitter to show me the reference for trademark use in writing.

My unscientific poll yielded about 80% who said you should only include the TM the first time, with the rest siding with the attorney on the consistent use of TM each time the word is used.

To me, a TM each and every time is cumbersome. I think it’s unnecessary.

In some respects, once the word has been trademarked, it is unnecessary. It doesn’t matter if you notate the trademark or not, because it’s trademarked.

I can also see the perspective that if you don’t actively protect the trademark, others can challenge it.

An earlier appeal to the journalist’s (and PR person’s) bible, the Associated Press Stylebook, yielded an inconclusive result. It states:

A trademark is a brand, symbol, word, etc., used by a manufacturer or dealer and protected by law to prevent a competitor from using it.

In general, use a generic equivalent unless the trademark name is essential to the story.

When a trademark is used, capitalize it.

The International Trademark Association . . . is a helpful source of information about trademarks.

See brand names and service marks.

So, I dutifully checked out the other entries for brand names and service marks. Still no mention of whether or not the legal classification was required at each or just the first instance.

Then I went to the International Trademark Association Web site. I couldn’t find a satisfactory answer there either until later when a public relations professor emailed me a link to the organization’s frequently asked questions. It reads:

How Do I Use Trademarks Properly in Press Releases or Articles?
If a trademark is acknowledged in the heading of an article or press release, it is not necessary to also acknowledge it within the body of the document. The trademark symbol need only appear in the first or most prominent mention of the mark.

Must I Use the ™, SM OR ® Symbol Every Time I Use a Trademark?
The ™, SM or ® symbol need only appear in the first or most prominent mention of the mark. Omission of the ™, SM or ® symbol does not invalidate or compromise a trademark owner’s rights in a trademark. Its purpose is to alert the public to the ownership of the mark, and it is one of the primary ways to affirmatively protect a mark.

For me, this satisfactorily answers my question and can now serve as my official reference for my ‘opinion.’

Additional trademark resources from the International Trademark Association are here.

To Recap

The question: Is the trademark symbol required in each instance?

The answer — from a journalist’s and public relations practitioner’s perspective: No.