Failure to properly use your trademarks can lead to weakened trademark rights, and even the risk of losing trademark protection. Improper use, specifically when the mark is being used descriptively, can lead to what is known as “trademark genericide.” This occurs when consumers do not perceive your trademark as a source identifier, but rather it the mark becomes synonymous with whatever it is it represents. For example, ASPIRIN, CELLOPHANE, ESCALATOR, LAUNDROMAT, THERMOS AND ZIPPER were all once registered trademarks that eventually became generic because the general public began using them to describe the goods.
To maintain strong and distinctive trademarks, keep the following tips in mind:
USE THE TRADEMARKS AS AN ADJECTIVE
Trademarks should be used as proper adjectives and not nouns or verbs. Whenever you are using a trademark, you should follow it with the descriptive name of the product it is modifying. For example, you might have to clean up your STARBUCKS coffee with a KLEENEX tissue if you spilled it in your car, but you would not clean up your STARBUCKS with a KLEENEX.
AVOID THE POSSESSIVE OR PLURAL FORMS
Unless the actual trademark is itself plural or possessive (i.e., MCDONALD’S, LEVI’S, 1-800-FLOWERS, etc.), you should not use your trademark in these forms.
USE THE CORRECT TRADEMARK SYMBOL (®, TM OR SM)
The trademark should be marked with appropriate symbol. If registered, use the ® symbol. The TM symbol is used to identify unregistered goods, while the SM symbol identifies services. See my previous post for more on that.
USE DISTINCTIVELY
When displaying your marks in writing, use a different font or manner to distinguish them from the other text. For example, you may capitalize the marks as I have been doing in this post, use italics, bold font, or mark them with a trademark symbol.
BE CONSISTENT
Regardless of which method you use to display your mark, it is important to be consistent and do it the same way each time. This will make it clear to others what your mark is and emphasize the importance of it.
