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How to use a Trademark
Registration is only the first step in maintaining your exclusive right to your mark. A trademark must be properly used as well.
Widespread misuse of your mark can result in it becoming generic or diluted. A generic name is a common name of the product or service the mark identifies. If a mark becomes generic it can be used by anyone.
For example, "escalator" is a generic term for moving stairs. However, at one time it was a trademark representing the products of one company. Widespread use of "escalator" as a name for moving stairs resulted in it becoming generic and making it available to anyone.
• Trademarks should be used as adjectives, not a nouns or verbs:
o "Kleenex tissues" NOT "a Kleenex"
o "Apple computers" NOT "an Apple"
• Use marks consistently. Do not change spellings or add dashes, slashes, etc.
• When using a trademark in text, use underlining, bold, capitalizing or italics to separate it from text.
• Use notices, such as:
o "EURIMARK is a service mark of Office Ernest T. Freylinger SA.”
o "VW is a registered trademark of Volkswagen AG."
Trademark Search - Frequently Asked Questions
- What is a Trademark?
- Why do I need to protect my Trademark?
- What about my Internet Domain Name?
- What are the benefits of registering?
- What can be trademarked?
- Marks to avoid when choosing a Trademark or Service Mark
- Is it advisable to conduct a search before I apply to register a Trademark?
- Do I need to be using my Trademark to register it?
- How do I know which class my goods fall in?
- Can I file in more than one international class & what are the implications?
- Should I apply in my own name or in the name of my company or corporation?
- How long does it take for the Trademark Office to process my application?
- The Trademark application process
- What is an Office Action?
- What happens when a mark is published?
- What is an opposition?
- How long does a Trademark last?
- Use of the TM ® and SM Symbols
- How to use a Trademark
- Can I assign my trademark to a third party?
- What is trademark watch?
- Why choosing two languages for Community Trademarks?
- What is priority or priority deadline?
- What is the “next deadline”?
- What are “designated countries”?
- What are “decisions”?