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Protecting trademark names

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.

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Protecting trademark names

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  1. Protecting trademark names

  2. 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

  3. 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

  4. 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

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

  6. Refer to the trade name as brand • Scotch Brand • Kleenex Brand

  7. 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?”

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

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

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