Trademark Tips

Trademarks

A trademark is a word(s) or design or both, used to identify the origin or source of goods or services. The primary purpose of trademark law is to protect the public from confusion in the marketplace. At the same time, the law protects trademark owners who have invested in advertising or promoting their marks.

Trademark Tips

• In selecting a new trademark, avoid words that describe your product or service. Try to find a mark that is arbitrary or fanciful, or is suggestive of your product or service.
  
  
• Before using a mark, conduct a proper search to make sure that it is available in the relevant class.
  
  
• Use your mark in the form it is registered, and for the goods or services specified. Remember that a registration for one class of goods will not necessarily protect you in a different class.
  
  
• When referring to your mark, attribute a special font or bold or italics, and use one of these designations as appropriate: ™, ^SM, or ®.
  
  
• Use your trademark as an adjective, not as a noun. E.g., a KLEENEX® facial tissue, not a Kleenex.
  
  
• Police third-party use of your mark, by reminding customers, vendors, and magazine editors to use your mark in a proper manner; and by sending cease and desist letters to infringers.
  
  
• Guard against going "generic."
  
  
• Avoid litigation if you can, but don't be afraid to litigate if you should. Many trademark cases are quickly resolved without great cost.