# Other companies' trade names - legality? **URL:** \ **Category:** Factual Questions\ **Created:** [August 11, 2003, 2:01pm UTC](https://boards.straightdope.com/t/other-companies-trade-names-legality/194379 "2003-08-11T14:01:00Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![jjimm](https://avatars.discourse-cdn.com/v4/letter/j/ba8739/32.png) [@jjimm](https://boards.straightdope.com/u/jjimm)\ **Post date:** [August 11, 2003, 2:01pm UTC](https://boards.straightdope.com/t/other-companies-trade-names-legality/194379/1 "2003-08-11T14:01:00Z")
I’m currently writing a document about Web standards, that will be used as a collateral give-away by my company. Some of the standards are proprietary - e.g. MS Passport. Does anyone know what the legality is of mentioning other companies’ trade names? Do I have to use the ® or ™ with them as used by the company who owns the trademark? Is there a standard disclaimer I can put on the document to excuse this? Thanks for your help. ---
**Author:** ![Balthisar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/balthisar/32/2825_2.png) [@Balthisar](https://boards.straightdope.com/u/Balthisar)\ **Post date:** [August 11, 2003, 3:53pm UTC](https://boards.straightdope.com/t/other-companies-trade-names-legality/194379/2 "2003-08-11T15:53:29Z")
Can’t say anything about the legal aspects, but usually in product manuals I see a single line somewhere on the copyright page or thereabouts that states that all trademarks are property of the respective owners. For example, I can’t think of a single Windows book that had the TM signal written everywhere throughout. On the other hand there’s always been some contention about that particular word being trademarked, so it may be a bad example. ---
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [August 11, 2003, 3:58pm UTC](https://boards.straightdope.com/t/other-companies-trade-names-legality/194379/3 "2003-08-11T15:58:05Z")
Legally, you can mention trade names as much as you want, as long as they’re capitalized and not used in a way as to imply they’re a generic term: “MS Passport” is perfectly fine when talking about the product made by Microsoft. However, there is a convention in the computer industry to put the trademark sign after the trade name: MS Passport™ You only need to do this the first time it appears; later uses can leave it out. Also, there’s usually an acknowledgement that lists the trade names and who own the trademark: MS Passport™ is a trademark of Microsoft, Inc. These latters are not legally required, but most people do use them. ---
**Author:** ![jjimm](https://avatars.discourse-cdn.com/v4/letter/j/ba8739/32.png) [@jjimm](https://boards.straightdope.com/u/jjimm)\ **Post date:** [August 11, 2003, 4:24pm UTC](https://boards.straightdope.com/t/other-companies-trade-names-legality/194379/4 "2003-08-11T16:24:41Z")
Thanks all! ---
**Author:** ![Eats\_Crayons](https://avatars.discourse-cdn.com/v4/letter/e/278dde/32.png) [@Eats\_Crayons](https://boards.straightdope.com/u/Eats_Crayons)\ **Post date:** [August 11, 2003, 4:42pm UTC](https://boards.straightdope.com/t/other-companies-trade-names-legality/194379/5 "2003-08-11T16:42:32Z")
I just checked our style guide and found the following: > [@](#): > > **Some trademark owners further insist on adding > the trademark (™) or registered trademark (®) > symbols. It is not legally necessary to use these > symbols. If used, the marks should be inserted the > first time the trademark is used.** ---
**Author:** ![jjimm](https://avatars.discourse-cdn.com/v4/letter/j/ba8739/32.png) [@jjimm](https://boards.straightdope.com/u/jjimm)\ **Post date:** [August 12, 2003, 8:10am UTC](https://boards.straightdope.com/t/other-companies-trade-names-legality/194379/6 "2003-08-12T08:10:31Z")
Since the collateral will be distributed in several countries, I think I will use them just to be safe. Cheers.