Trademark

Do's and Don'ts for trademark Use

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Do's and Don'ts for trademark Use

Whether or not you decide to register your mark, the proper use of your trademark is crucial to preserving your current and future rights. A few simple rules should always be followed when using trademarks:
DO use your trademark directly on the subject goods, or on the container or packaging in which the goods are sold. Use of a trademark in advertising, but not on a product or packaging is not sufficient to preserve your trademark rights. In contrast, use of a service trademark in advertising or signs offering the subject services is adequate use to establish or maintain service trademark rights.
DO use all capitals, italics, different fonts or colors, or at least initial caps to distinguish a trademark from other text in advertising material. For example, a trademark Maker corporate embossers. You can also underscore the fact that you are claiming trademark or service trademark rights by placing a small "TM" or "®" notation following the mark. Example; Arvic"®"
DO use the "®" notation wherever you use a federally registered trademark.
DO NOT use the "®" notation on any trademark that is not federally registered.
DO NOT use a trademark as a noun. Always use a trademark as an adjective followed by a noun. For example, KLEENEX tissue.
DO NOT use a trademark in a possessive form, unless the trademark itself is possessive. For example, JOHNSON'S baby oil.
DO NOT pluralize a trademark. Instead, the common noun should be pluralized. For example, two SCHWINN bicycles rather than two SCHWINNS.
DO NOT use trademarks as verbs. Xerox, for example, runs ads pointing out that even Xerox can't xerox, it can only photocopy.

Bear in mind that trademarks or service marks are adjectives that refer to a particular brand of product or service. In contrast, business names are nouns that identify a particular business. Thus, the rules listed above apply to the use of trademarks and service marks, not business names. For example, a business name may be used in the possessive.
It may be useful to periodically perform a " trademark audit" within your business or marketing department to assure that proper use is being made of all your company's trademarks and service marks. Since trademark rights arise from use, proper use is the key to maximizing the value of your trademark and trade name assets.

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