How to Use Trademarks Correctly to Avoid Loss of Rights

The way that your company uses its trademarks impacts efforts to federally register and maintain those trademarks. It’s important to properly use your marks for several reasons, including: (1) it strengthens the mark’s ability to identify your company as the source of the goods or services; (2) it is useful as evidence to defeat defenses that may be raised in trademark litigation, and (3) it reduces the chance that trademark rights will be lost through a finding that the mark is abandoned or generic.

Use the following rules to create company policies and educate employees to ensure company trademarks are used properly:

  • Use proper trademark designation. If the mark is federally registered, you should put others on notice by using the ® designation, e.g. Acme®, but only when the mark is placed on goods or services listed in the registration. If your mark is unregistered and you are using it as a trademark–i.e. to identify a source of goods or services–then designate the mark with “TM”, e.g. Acme.TM
  • Use mark only as an adjective, never as a noun, and never in the plural or possessive form. Correct: “You should take an Aspirin pain reliever.” Incorrect: “You should take an aspirin.”
  • Use appropriate generic term following the mark. “Pain reliever” is the generic term in: “You should take an Aspirin pain reliever.”
  • Do not use a mark as a verb. Correct: “I did a Google search on him.” Incorrect: “I Googled him.”
  • Do not use trademark designation when word is used as a part of a legal corporate or LLC name. Correct: “CFA Corporation announces a new news program.” Incorrect: “CFA® Corporation announces a new news program.”
  • Use appropriate and consistent capitalization. While no particular capitalization is required, the chosen capitalization should be used consistently. Many marks have the first letter capitalized; however, some use a lack of capitalization as a feature, e.g. “iPhone”.

Following these rules will support strong legal protection over your company’s trademarks and brand.