How To Properly Use And Protect Your Trademark

So you’ve registered your trademark. Or perhaps not… you haven’t gotten around to that yet (shame on you, but that’s another article). But you’ve devised your brand and now it’s off to the races with marketing and advertising. Hold on. Trademark registration is actually just the beginning of brand building (or at least it should be). You have to be careful how you, and others, use your trademark and how it is presented in the marketplace. Trademarks must be used properly and consistently in order to preserve their status, increase their strength and enhance their value.
Your trademark uniquely identifies you or your company as the source of particular goods or services. Trademarks are indicators of origin for a product or service that consumers have probably seen before, but now they are being offered your take on that product or service. These aren’t just jeans, they are Levis® jeans and every girl must own a pair! Proper use of your trademark ensures your rights in the mark will be protected and that your brand will build value to your benefit over time.
To help protect your trademark rights and brand value, consider these tips when using your mark or allowing others to use or display your mark:
1. Always spell the trademark correctly, including spaces, hyphens, or other punctuation. Variations and/or grammatical changes could potentially confuse customers, thereby breaking down the distinctiveness of the mark and contributing to the mark possibly becoming generic or otherwise failing to serve its purpose as a trademark.
2. Always display the trademark in a manner that stands out from ordinary text and the generic name of the product or service. This may be through capitalization, stylized lettering or special formatting such as italics, bold or larger type font. For example, our law firm owns a trademark for “FlatFee” with respect to legal services. So instead of saying we offer flat fee prices, we always refer to our “FlatFee” rates.
3. Use trademark indicators, which means the superscript “TM” for marks that are not yet federally registered, or the registered trademark symbol (®) for those marks that are registered with the USPTO. Use of the registered trademark symbol does not apply to pending trademark applications and it may be used only in connection with the goods or services listed in the federal trademark registration.
4. Use the trademark as an adjective, never as a noun or verb. See the Google® example above. Trademarks are indicators of source or origin, they inform consumers who makes a particular product or offers a particular service. To accomplish proper use, always use the trademark alongside the generic name of the product or service in advertisements, labels, displays and marketing materials, e.g., Tylenol® pain reliever, Dominoes® pizza or Firestone® tires.
5. Which takes us to our final point: make visible use of your trademark. Be sure to label your product or its packaging or attach tags with your trademark. In order for trademark rights to be created and maintained, you must use the mark in connection with a specific product or service. Even registered trademarks may be challenged and/or canceled for non-use.
It is important to make proper use of your trademarkby following these simple suggestions. Ensure that your brand is always being used correctly and consistently so it creates a distinctive impression in the minds of potential consumers. This will enhance the distinctiveness of your trademark and add value to your brand portfolio over time.
For more information on proper trademark usage, including how to protect your registered mark through trademark monitoring, please contact one of our attorneys at info@flatfeetrademark.com .

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About the Author:
FLATFEE TRADEMARK is a law firm with offices located in downtown Miami. The Firm offers first-rate legal services to a wide range of clients in the following practice areas: corporate and business law, trademark protection, and brand management.