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Published byMagnus Dixon Modified over 9 years ago
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Protecting trademark names
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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
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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
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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
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Use the mark as registered Do not alter it If change is needed, register a new mark
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Refer to the trade name as brand Scotch Brand Kleenex Brand
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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?”
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License mark to others carefully If others fail to maintain the quality the mark represents, it may lose its identity
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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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