Utilize Your Trademark Correctly:

I ensure your trademark serves as a distinctive source identifier for your products or brand. Think of it like a name tag that tells consumers the origin of a product or service. For instance, seeing the iconic golden arches instantly signals McDonald’s®. Using your trademark correctly is crucial, as improper use can lead to genericide, where a trademark becomes a common name for a product or service and loses its legal protection.

Examples of genericide include:

  • Aspirin: Once a Bayer trademark, now a generic term in the U.S. for pain relievers.
  • Escalator: Originally trademarked by Otis Elevator Company, it became generic for moving staircases.
  • Kerosene, Thermos, and Cellophane: All former trademarks that became generic terms due to widespread, generic use.

Promote Proper Use of Your Trademark:

I help prevent improper use by providing guidelines for advertisers and the public, detailing how to correctly use your trademark. These guidelines include examples of proper and improper usage and can be published on your website to educate and maintain your brand’s visibility.

Keep an Eye on Publications:

It’s crucial to monitor publications for unauthorized or improper use of your trademark. Misuse in publications can jeopardize trademark registration, as seen in historical cases like the term “elevator.” Monitoring ensures that your trademark continues to function as an exclusive identifier of your products or services.

Issue Cease-and-Desist Letters:

Beyond monitoring, protecting your trademark involves active enforcement. When discovering improper or unauthorized use, I draft and send cease-and-desist letters. These notices demand the immediate cessation of trademark use and outline the legal consequences of non-compliance, prompting infringers to stop their activities and thus preserve your brand’s integrity.

By implementing these strategies, you can ensure your trademark remains a robust identifier of your products or brand, enhancing your market presence and safeguarding your intellectual assets. Remember, policing your trademark effectively is essential for maintaining your brand identity and integrity.

I am Michael Jones, the managing member at Jones Intellectual Property. My practice specializes in all aspects of intellectual property, including patent, trademark, and copyright law. If you need to safeguard your trademark or have any IP concerns, you can reach me at mjones@jonesipl.com.

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Michael Jones Michael Jones is the founder and managing member of Jones Intellectual Property, whose mission is to provide his clients with personalized, effective legal solutions. Michael has focused on creating, protecting, and advocating for his clients’ intellectual property rights throughout his career. View Bio