PROTECTION OF TRADEMARK RIGHTS

 

To protect trademarks, you should:

  • Use the mark is an adjective and is not as a noun or verb

  • Use the mark in association with the generic name for the product, e.g. LEVI’ S® jeans, TIDE® laundry detergent.

  • Preserve the integrity of the mark by avoiding any additions or deletions to the mark, for example, never add prefixes, suffixes, plural or possessive forms.

  • Distinguish the mark from surrounding text so the public will recognize it as a trademark, e.g., a distinctive typeface, SOLID CAPITAL LETTERS, or, at the very least, Capitalize the First Letter.

  • Indicate the legal status of the mark, that is with ™ for trademarks, SM for service marks, or ®. The “®“ symbol should only be used after receiving federal registration.The word “brand” may be used immediately after the mark to emphasize the existence of a trademark, e.g., SCOTCH® brand cellophane tape.

  • Use the mark on several different but related products, e.g., T-shirts, baseball caps, and sweatshirts.

  • Monitor the use of the mark by competitors, including their use in advertising, on products, at trade shows, etc.

  • Challenge any misuse of the mark, whether in-house or by competitors.