Four Effective Ways To Safeguard Your Trademark
1. Utilize Your Trademark Correctly:
Ensure your trademark serves as a distinctive source identifier for your products or brand. Just as a name tag identifies a person, a source identifier tells consumers the origin of a product or service. For instance, when you spot the iconic golden arches of the McDonald's logo, you instantly recognize the food's origin at McDonald's®. Correct usage prevents the risk of losing trademark rights in court, as improper use can lead to genericide.
If used improperly, courts have refused to register or even taken away trademark rights. Here are some examples of trademarks that suffered from genericide due to improper usage:
Aspirin: Originally a trademark owned by Bayer, "Aspirin" became a generic term for acetylsalicylic acid pain relievers in the United States.
Escalator: The term "escalator" was once a trademark of Otis Elevator Company but is now used generically to describe moving staircases. Otis Elevator Company used the term “escalator” to describe the materials it produced, including advertisements and patent applications.
Kerosene: Originally a trademark of Abraham Gesner, "kerosene" became a generic term for a type of fuel.
Thermos: Originally a trademark of Thermos GmbH, "thermos" is now commonly used to refer to vacuum-insulated containers, regardless of the brand. Thermos GmbH was used as a synonym for the product in promotional materials. The word Thermos was eventually so generic that it landed in the dictionary to describe a vacuum-insulated container.
Cellophane: Originally a trademark of DuPont, "cellophane" is now often used generically for transparent, thin plastic wrap.
Xerox: While Xerox is still a well-known brand, it has been at risk of becoming generic for photocopying in some contexts due to phrases like "Let's Xerox this document."
2. Promote Proper Use of Your Trademark:
Prevent improper use by providing guidelines for using your trademark to advertisers and the public. These guidelines, including "proper" and "improper" usage examples, can be published on your website to educate the public and improve your brand's visibility.
3. Keep an Eye on Publications:
Trademark owners must also monitor publications for unauthorized or improper trademark use. Publications, which include written and printed works, may sometimes misuse your mark. Such misuse can even affect trademark registration, as seen in the case of 'elevator' when the Commissioner of the United States Patent & Trademark Office cited improper usage in safety regulations as a reason for rejection.
4. Issue Cease-and-Desist Letters:
Monitoring publications alone is insufficient to safeguard your trademark. When you discover improper or unauthorized use, you need to protect your rights. This typically involves drafting and sending cease-and-desist letters. These formal notices, when sent to alleged infringers, demand the immediate cessation of trademark use without permission. They serve as legal warnings outlining your rights and potential consequences, often prompting infringers to cease their activities to avoid legal action and preserve your brand's SEO visibility. Policing your trademark is vital for preserving your brand identity and integrity.
By following these steps, you can effectively safeguard your trademark, ensuring it continues to serve as a strong source identifier for your brand or products, enhancing your online presence.
Michael Jones is the managing member at Jones Intellectual Property. His practice specializes in all aspects of intellectual property, including patent, trademark, and copyright law. He can be reached at mjones@jonesipl.com.
Disclaimer: This information is provided for informational purposes only and does not constitute legal advice. Consult with a qualified patent attorney for personalized guidance on your specific case.
