subject: Rules You Need To Know For Proper Trademark Usage [print this page] Bearing in mind the definition of a trademark as being a sign or a symbol which distinguishes the goods and services of an enterprise, it is always important to make certain that this distinguishing function of the trademark is preserved.
Thus, in addition to use, various procedures should be followed to ensure that rights in the mark are not lost, inadvertently or otherwise. Positive action must be taken by the trademark owner to see that the mark is always used properly by members of his own organization and by third parties.
In particular, a trademark owner must be sure that his mark does not become the generic name for the product as this would threaten its validity and place it in the public domain; in much the same way as the former trademarks aspirin, kerosene, escalator and cellophane are now in the public domain, at least in many important markets.
It is a relatively simple matter to protect and care for a companys trademark properly. If followed consistently, the following steps should protect a company from the loss of any of its trademark rights.
First, a trademark must, whenever and wherever it appears in print, be distinguished from its surrounding texts. This rule applies not only to advertising copy, on-pack instructions, folders, brochures, etc., but also to internal memoranda and general correspondences. Thus, the trademark must always be capitalized (or at least have its first letter capitalized), italicized, be given boldface print, or be placed in quotation marks.
Probably the easiest approach is simply to capitalize the mark on all occasions it appears on print. The generic name of the product should not be capitalized nor should its first letter(s). For example, With effective marketing techniques, CANCER Folder Printing Shop sold 500 copies of folders in a month.
Second, always follow the trademark with the common generic (i.e the dictionary) name of the product. For example of this is, Vaseline petroleum jelly has many uses; and not, Vaseline has many uses.
Trademarks should always be used as adjectives, never as a noun; never be used as a verb; or be used in the plural or in the possessive.
The graphic design of a trademark should always be strictly adhered to. Do not use a proliferation of different graphic treatments for the same trademark.
So as to avoid any doubt as to ownership of a trademark, give notice to the word or symbol being used as a trademark. In fact, where the trademark is registered the, symbol or an asterisk should be used. O the other hand, where the trademark is not registered (or is awaiting registration) but you regard it as your exclusive property, the symbol should be used instead.
The spelling of a trademark should never be changed, a new word should not be formed from it, and its form should never be modified. For example, the Xerox trademark should not, as a result of a copywriters impulse, suddenly acquire an additional letter and become Xeroxx nor should it be hyphenated to X-erox. Similarly, in usage, a trademark such as Mercedes-Benz should not be abbreviated to Merc.
In addition to ensuring that the trademark is being used properly in broad accordance with the rules above, it is advisable that records are kept to determine at any given time the total sales of products bearing the trademark.
by: Kaitlyn Miller
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