This question on Academia SE asks whether one should append a trademark symbol to trademarked software in academical writing, e.g. “Mathematica®”. In the answers and comments (e.g., here, some users uttered the unreferenced opinion that this is sometimes necessary to avoid infringing the trademark holder’s rights. This is contrary to my understanding of the purpose of these symbols: Most references only mention the benefits arising for the trademark holder. In this US-specific source, it is explicitly said that using the trademark symbol is the responsibility of the trademark holder.
Something similar applies to the copyright symbol ©.
However, there seems to be a common belief that using such symbols next to in writing is legally required or at least beneficial – even if you are not the trademark or copyright holder. I am asking this question, as I hope that it gives me a good general argument against the seemingly blindly obedient uses of such symbols.
Is there any situation in which using any symbol indicating intellectual property (©, ℗, ®, ™, ℠) together with a given trademark or other item of intellectual property provides a legal benefit for somebody
- who is not the holder of the intellectual property or affiliated to them,
- who has not signed a contract or similar requiring them to use the symbol?