"ROTT" and "Apogee"--trademarks, registered, or not?

Dukefan · 12-23-2001, 01:54 PM

I've looked everywhere on the site and on the ROTT and Extreme ROTT CD, and I haven't seen a TM or (R) symbol anywhere near the "Rise of the Triad" logo. Can I assume, then, that it was never trademarked?

Also, what about the Apogee logo, and just the phrase Apogee Software, Ltd.--are they trademarks, or registered trademarks, or neither? The intellectual property rights page doesn't specify about the name, and merely says the logo is trademarked (but not if it's registered or not).

MrEricSir · 12-23-2001, 03:54 PM

Apogee Software Ltd. is probably on their fictitious business name statement, and since all of the games credit them, the copyright for RotT is owned by them. In the US, you own a copyright on anything you create, whether you register it, state your copyright, or just put your name on something..

Joe Siegler · 12-23-2001, 03:58 PM

Apogee Software, Ltd is the "on paper" name of the company. 3D Realms is just a business alias (as is Pinball Wizards), the actual name of the company is Apogee Software, Ltd.

Bet your ass that if we use it, it's been trademarked or copyrighted somewhere already.

Dukefan · 12-23-2001, 05:16 PM

That doesn't really answer my question. How about this:

Am I legally obligated to put a TM or (R) next to either of the phrases "Apogee Software, Ltd." or "Rise of the Triad", and if so, which symbol?

Scott Miller · 12-24-2001, 11:57 AM

A business name is not a trademark, but is protected by being registered in a different way.

Whether or not "Apogee" has a (TM) or a circle-R next to it doesn't determine if it's trademarked or not. A trademark is determined by it being used in a legally recognized manner that automatically gives it trademark protection. (The same holds true for a copyright, btw.)

But, this is a very complex subject, and better explain by an expensive attorney. ;-)

Scott Miller · 12-24-2001, 11:59 AM

Just to be clear, Rise of the Triad is automatically given legal trademark status by virtue of the manner in which it was used.

Adding a (TM) symbol adds some legal benefits, but doesn't change the trademark status.

12-23-2001, 03:58 PM	#3
Joe Siegler 3D Realms Staff	Re: "ROTT" and "Apogee"--trademarks, registered, or not? Apogee Software, Ltd is the "on paper" name of the company. 3D Realms is just a business alias (as is Pinball Wizards), the actual name of the company is Apogee Software, Ltd. Bet your ass that if we use it, it's been trademarked or copyrighted somewhere already. __________________ Apogee / 3D Realms Employee: Dec 14, 1992 - May 22, 2009, Oct 23, 2014 - current "Lifting up the Cross to the waiting lost" - Petra \| John 3:16

12-24-2001, 11:57 AM	#5
Scott Miller 3D Realms Staff	Re: "ROTT" and "Apogee"--trademarks, registered, or not? A business name is not a trademark, but is protected by being registered in a different way. Whether or not "Apogee" has a (TM) or a circle-R next to it doesn't determine if it's trademarked or not. A trademark is determined by it being used in a legally recognized manner that automatically gives it trademark protection. (The same holds true for a copyright, btw.) But, this is a very complex subject, and better explain by an expensive attorney. ;-)

12-24-2001, 11:59 AM	#6
Scott Miller 3D Realms Staff	Re: "ROTT" and "Apogee"--trademarks, registered, or not? Just to be clear, Rise of the Triad is automatically given legal trademark status by virtue of the manner in which it was used. Adding a (TM) symbol adds some legal benefits, but doesn't change the trademark status.

12-23-2001, 01:54 PM	#1
Dukefan	"ROTT" and "Apogee"--trademarks, registered, or not? I've looked everywhere on the site and on the ROTT and Extreme ROTT CD, and I haven't seen a TM or (R) symbol anywhere near the "Rise of the Triad" logo. Can I assume, then, that it was never trademarked? Also, what about the Apogee logo, and just the phrase Apogee Software, Ltd.--are they trademarks, or registered trademarks, or neither? The intellectual property rights page doesn't specify about the name, and merely says the logo is trademarked (but not if it's registered or not).

12-23-2001, 03:54 PM	#2
MrEricSir	Re: "ROTT" and "Apogee"--trademarks, registered, or not? Apogee Software Ltd. is probably on their fictitious business name statement, and since all of the games credit them, the copyright for RotT is owned by them. In the US, you own a copyright on anything you create, whether you register it, state your copyright, or just put your name on something.. __________________ Big Brother is watching. Dress accordingly.

12-23-2001, 05:16 PM	#4
Dukefan	Re: "ROTT" and "Apogee"--trademarks, registered, or not? That doesn't really answer my question. How about this: Am I legally obligated to put a TM or (R) next to either of the phrases "Apogee Software, Ltd." or "Rise of the Triad", and if so, which symbol?