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How to Write a Trademarked Word in a Novel

A trademark protects names, phrases and slogans considered part of a company or a person's identity. The name McDonalds is trademarked, as well as the golden arch image and the phrase golden arches. A company can have several trademarks. Trademarked words and phrases are followed by a symbol to let the public know a trademark exists. When writers use a trademark in a novel, there is often confusion about how the trademarked name or phrase should be written. The rules are much simpler than you might think.

Things You'll Need

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Instructions

    • 1

      Write trademarked names in a novel, but don't use an R enclosed in a circle to indicate the name or phrase is trademarked. Following trademarked names with the symbol indicating the trademark is not aesthetically pleasing in the pages of a novel. In fact, it would be distracting. According to the United States Trademark Office, there is no federal law that requires use of the trademark symbol after use of a trademark name or phrase. It is not customary for novelists to use them. There may be a state law requiring the use of the trademark symbol, so consult the laws for your state.

    • 2

      Use registration marks properly if you use them. The R enclosed in a circle can only be used if a trademark truly is registered. TM enclosed in a circle is used when a registration is pending. A search of the United States Trademark website will give official trademark information. The correct way to write a trademark name is by capitalizing the proper noun and following it with the generic. An example of this would be Jell-O brand gelatin. This isn't required by law either.

    • 3

      Include a page at the front of your book that lists registered trademark names you use frequently in your book, along with the trademark symbol.This is not a requirement by law either, but it is a courtesy. Doing so is a way of showing respect for the trademark without breaking the flow of the text in your novel with trademark symbols each time one of your characters visits McDonald for lunch.

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