Trademark Usage Counseling
Quick Summary: You have a mark, and now you’re using it. But how do you know you’re using it properly? Is your staff unwittingly sabotaging your branding efforts by misusing your mark? Do you have policies in place to guide them so that they know what to do? If not, you need guidance on trademark usage and some rules for your staff about how your trademark is used.
Can I Lose My Brand Through Improper Trademark Usage?
Can I Lose My Brand Through Improper Trademark Usage?
Yes, you absolutely can. The words “zipper,” “asprin,” and “escalator” all have one thing in common: They used to be trademarks. Those trademarks lost their meaning by becoming generic.
It’s kind of a crazy situation: Your product becomes so famous that your brand name becomes synonymous with the product that it’s applied to. That should be a good thing, right? Not from a trademark standpoint.
Think about Kleenex. When you run out, do you say, “We need to buy facial tissue,” or “Hey, we’re out of Kleenex?” Probably the latter. Which is why Kleenex is careful to say in it’s advertising that they make “Kleenex brand facial tissues.” They don’t want their brand to become synonymous with the product that they sell, and thereby lose their trademark rights because their brand is now “generic.”
How Can I Avoid My Mark Becoming Generic?
How Can I Avoid My Mark Becoming Generic?
You can avoid having your mark become generic through proper trademark use.
When properly used, your mark is used as an adjective, not as a noun. So instead of calling your tissues “Kleenex,” call them “Kleenex tissues.” You don’t use a “Kleenex,” you use a “Kleenex tissue.” The difference is subtle — and may require a grade-school grammar refresher — but it’s essential if you want to use your mark correctly.
Bottom Line: If you want to keep your trademark rights, you must use your mark correctly. Allowing your staff or website guy to use your marks improperly puts your trademark at risk for loss through misuse. Trademark attorney Angela Langlotz advises clients on how to avoid trademark misuse.
Don't Lose Your Important Marks to Trademark Misuse!
Learn more about trademarks: