Trademarks Guide

August 30, 2011
Trade Mark News and Interesting Facts

A Trademark is an indication of the source of goods or services

It is not the name or description of a specific thing, nor does it have to be the same as your company name.

Give notice that the trademark is reserved

This is done by putting a trademark symbol  ® for registered trademarks, or TM / SM for unregistered trademarks, next to the brand when it is used.

If you use someone else’s trademark be sure to acknowledge their rights, too, and make sure you have permission to use it.

Trademark Examples

  1. Use the word brand if necessary:
    One uses Kleenex® Brand Facial Tissues, not a Kleenex and seals packages with Scotch® brand adhesive tape not scotch tape.
  2. Never let your mark become generic:
    If a mark is not used correctly, there is a risk of it being declared generic. A generic mark is not really a trademark, but the only way to refer to a product. Some examples of marks which have become generic over the years are yo-yo, aspirin, escalator and many others.
  3. Use the generic description of the goods in combination with the mark:
    Make copies on a HP® photocopier, one does not make a HP.
  4. Never use the mark as a verb:
    You can “copy” something on a Lexmark® copier, you cannot Lexmark it.
  5. Capitalize the mark, as appropriate:
    PlayStation, iPhone, LG

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