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Protecting trademark names. Seek non-descriptive words The purpose of the mark is to distinguish between products, not to describe the products “Celestial.

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Presentation on theme: "Protecting trademark names. Seek non-descriptive words The purpose of the mark is to distinguish between products, not to describe the products “Celestial."— Presentation transcript:

1 Protecting trademark names

2 Seek non-descriptive words The purpose of the mark is to distinguish between products, not to describe the products “Celestial Seasonings” is OK “Tasty Seasonings” would be difficult to protect

3 Search for any other users Do so both before applying for registration and after registering Go after imitators as soon as you learn about them

4 Register the mark Register at the state level When it becomes clear you’ll be interstate, register at federal level Renew it six months before it lapses * Registration is not required to prove ownership of a mark, but it gives better protection

5 Use the mark as registered Do not alter it If change is needed, register a new mark

6 Refer to the trade name as brand Scotch Brand Kleenex Brand

7 Do not use the name as a verb Xerox does not use the term Xeroxing, which could make the term generic Do Google employees “google?”

8 License mark to others carefully If others fail to maintain the quality the mark represents, it may lose its identity

9 Flaunt the mark Otherwise, it may be judged to have become abandoned Put it on the product, advertisements, displays, tags, and manuals


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