Planet13 - 12:24 am on Dec 10, 2011 (gmt 0)
I ain't no lawyer, but...
I think if it is being used in a commercial setting, then the trademark notification needs to be used.
For instance, newspapers can refer to a prescription drug but don't need to use the trademark.
but if lawyers are advertising their services and saying something like, do you take drug XYZ? If so you can join this class action lawsuit.
In that case (the lawyers commercial), I think that they are required to use a trademark, since it is an advertisement.
But that is just a recollection and it could be totally wrong.