There are certain proper uses for trademarks once you have created your trademark. There are ways for your trademark to lose its effectiveness.

First of all, when using your trademark, or your brand name in a sentence or in advertising, do not use the mark as a place holder for what kind of product it is. Your mark should essentially be used as an adjective, never as a noun.

For example, if your trademarked item was "Tim's Thirst Quencher," You would say something like "To battle your thirst, use Tim's Thirst Quencher brand sports drink," and not "To battle your thirst, use Tim's Thirst Quencher." This helps lower the possibility that your mark will become a generic term, which could cause your product to lose its trademark status. An example is in Xerox, the company's name is becoming a generic term for "photocopier."

You should be able to delete your trademarked product's name from the statement and it still make sense. It may seem as though it's doublespeak, but it helps save your brand. And that's another point that could help. Use the word "brand" after your product's name will also help alleviate the possibility of your product's name becoming generic. Correct other company's use of your product's name when you come across it.

Curbing the use of your product's name as a verb is also a good idea as it will lessen the possibility of someone using your product's name to describe an action. An example would be the same as the Xerox example above, there are people who use the word "xerox" to mean "make a copy."

Make people know that your mark is a trademark and that it should be afforded such respect. An example would be like this, when referring to Tim's Thirst Quencher® , you should always affix the trademark emblem ® next to it so that people will know that Tim's Thirst Quencher® has trademark protection.

Using a descriptive script is also a good idea, such as the script on bottles and cans of Coca-Cola.

Using your trademark in a plural will also help make your trademark a generic term, so curbing the use of people saying they need to pick up some Tim's Thirst Quenchers is something you should prevent. Also do not use the trademarked item as though it were a possessive term.

In the end, the only person who can defend your mark is you and whoever you have hired to do that as well. Remember, trademarks do not have to be registered with the United States Patent and Trademark Office and there are certain symbols the go along with registered and unregistered trademarks. Unregistered trademarks can use the TM or SM marking on the product, while registered trademarks are the only items that are allowed to use the ® symbol.

The Hormel Foods Corporation has fought people and organizations for years against calling unsolicited e-mails as spam, the same name as a meat product they create, promote, and sell. They also try to block the release of computer software with such names as "Spam Buster" and such to further protect their trademarked name. Do not let the same happen to you. Be vigilant. Be wary, and most of all, protect your trademarks.

© ResearchCopyright.com