Protecting trademark names

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

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

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

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

Refer to the trade name as brand Scotch Brand Kleenex Brand

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?”

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

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