Basic Trademark Search
Trademark Search
Trademark Search
Trademark Search
Trademark Search
Trademark Search
Canada and U.S. Trademark Searches and Applications prepard by Arvic Search Services
Do's and Don'ts for Trademark Use

Whether or not you decide to register your mark, the proper use of your mark is crucial to preserving your current and future rights. A few simple rules should always be followed when using trademarks:
  1. 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.
  2. 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""
  3. DO use the "" notation wherever you use a federally registered mark.
  4. DO NOT use the "" notation on an mark that is not federally registered.
  5. DO NOT use a mark as a noun. Always use a mark as an adjective followed by a noun. For example, KLEENEX tissue.
  6. DO NOT use a trademark in a possessive form, unless the mark itself is possessive. For example, JOHNSON'S baby oil.
  7. DO NOT pluralize a trademark. Instead, the common noun should be pluralized. For example, two SCHWINN bicycles rather than two SCHWINNS.
  8. 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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