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- 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 mark in advertising or signs offering the subject
services is adequate use to establish or maintain service
mark 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 Mark Maker corporate
embossers. You can also underscore the fact that you are
claiming trademark or service mark rights by placing a small
"TM" or "®" notation following the
mark. Example Arvic"®"
- DO use the "®"
notation wherever you use a federally registered mark.
- DO NOT use the "®"
notation on an mark that is not federally registered.
- DO NOT use a mark as a noun.
Always use a mark as an adjective followed by a noun. For
example, KLEENEX tissue.
- DO NOT use a trademark in a
possessive form, unless the mark 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.
Arvic has
prepared two additional articles that discuss this topic as it
relates to the proper use of a trademark in commerce
and on your Internet web
site. We suggest you read them.
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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