Trademark Usage Guidelines

Times Microwave Systems’ trademarks are among our most valuable assets. Trademarks distinguish products from our competitors and are symbols of the quality built into them. However, trademarks can be rendered virtually useless, or lost entirely, if not properly protected. Times’ job is to ensure correct use of our trademarks and have the legal right to prevent misuse.

Trademark Definition and Usage: “TM” or “®”?

A trademark (™) identifies the brand owner of a particular product or service. Use of “TM” on any mark designated as a trademark puts the marketplace and competition on notice a business considers a mark to be a trademark. No registration is required, and in most cases, this will give a company “common-law” trademark rights. Common-law trademark rights arise from the actual use of a mark and may allow the common law user to successfully challenge a registration or application.

Most countries require the formal registration of a trademark as a precondition for pursuing this type of action. The United States, Canada, and other countries also recognize common law trademark rights, which means action can be taken to protect an unregistered trademark if it is in use. Still, in general, common-law trademarks offer the holder less protection than registered trademarks.

Use of the “TM” symbol is required when obtaining federal trademark registration from the US Patent and Trademark Office and the “®” symbol can only be used once the registration has been granted. You must continue to use nothing or “TM” until federal registration is issued.

The majority of Times Microwave Systems’ trademarks are registered and require the “®” mark. However, there are some secondary marks/names that we, for a variety of reasons, have chosen not to register. In these cases, we still use the “TM” mark after the name to show a claim to that particular name or design. Proper use of the Times Microwave Systems trademarks or product names to refer to our products and services is important. Here is a list of all registered marks:

What Is the Difference Between a Patent, Copyright, and Trademark?

A patent protects new inventions, processes, or scientific creations. A trademark protects brands, logos, and slogans. A copyright protects original works of authorship.

A copyright protects original literary, musical, or other artistic work. In the case of a publication, copyright is initially secured by providing the proper notice on the initial publication and in all subsequent publications of the work as well. The copyright notice must include either (a) the word “copyright”; or (b) the symbol ©, along with the name of its proprietor and the year of initial publication. It is preferably placed on the front or back of the title page or is otherwise prominently displayed in the publication.

Protecting our trademarks starts with ensuring we are using it correctly in all our communications. We also need to ensure our distributors, partners, and vendors are following the guidelines listed for the correct use of trademarks.

Correct Use of Trademarks

Trademarks must be distinguished by using a text treatment that stands out from surrounding text.

Part Number Trademark Protection

Trademark protection is built into unique part numbers by incorporating a trademark. For example, our LMR product line is trademark protected, therefore part numbers such as LMR-400 and LMR400-TFTF-10.0F, while not themselves a trademark, these part-numbers can be protected from unauthorized use because misuse can be considered trademark dilution and could mislead customers.

Example of a part number that can be protected:

At Times Microwave Systems, we allow the following use of our part numbers:

1. Raw cables and connectors: A distributor, reseller, or partner can use a part-number containing our trademark only when they can provide proof the products are purchased directly from us.
2. Cable Assemblies: A distributor, reseller, or partner can use a complete assembly part-number only when all component parts are purchased from us, and the proper assembly procedures are followed. For products only sold as assemblies, such as the PhaseTrack and MilTech product lines, the complete assembly must be built by Times Microwave Systems.
3. Competitors and Unauthorized resellers cannot use Times Microwave Systems part numbers if they contain a trademarked term (ex: LMR-400).

Infringement Protection

Trademark infringement can have significant consequences, ranging from financial losses to damaging a reputation. It occurs when another party uses a trademark similar or identical without proper authorization. It can involve the unauthorized use of a trademarked name, logo, or slogan, leading to confusion among consumers. By protecting trademarks, we maintain exclusivity and prevent others from capitalizing on our success. Outlined below are the steps to address infringement.

Monitor the market and identify infringement

Keep an eye out for unauthorized uses of our trademarks. Monitor various platforms such as social media, e-commerce websites, and search engines for potential trademark misuse or infringement. Look out for similar brand names, logos, or products that could cause confusion among consumers.

Act against infringers

If you discover potential trademark infringement, take prompt action. Send an email to the email listed below and include links, screenshots, dates, and any other relevant information. We classify infringers into categories:

1. Trademark Misuse: When a distributor, reseller, or partner is selling authentic Times Microwave Systems products but using our trademarks incorrectly, we will work with them to ensure the correct use. These steps include training and a letter identifying the infringement.
2. Trademark Infringement: When a distributor, reseller, or partner is selling alternatives, clones, fakes, or copies of our product they CANNOT reference our trademark names. Unfortunately, this is becoming a common occurrence for popular trademarks such as LMR. In these cases, our first step is to send a letter of cease-and-desist.
   • The Times Microwave Systems team keeps track of all violations. If the cease-and-desist letters are ignored, we will report the infringement to the United States Patent and Trademark Office (USPTO).
   • A trademark infringement lawsuit will be filed subject to our discretion.
3. Competitors and Unauthorized resellers should not be referencing Times Microwave Systems Trademarks. These instances fall into Trademark Infringement and will follow the procedure outlined above.

To report potential trademark infringement or ask a question about proper use of trademarks, contact us at [email protected]