Trademark management – How to use a trademark
Improper use of a trademark may result in its loss that is, making it a generic term that is no longer distinctive of a particular manufacturer’s product or provider’s service. In the past, this has happened to many leading trademarks, which became synonymous with the product. To avoid this, always use the trade mark in association with a generic description of the product.
This will ensure that consumers become aware of the trade mark nature of the mark, and do not consider it to be a generic description of the goods. This is especially important rule for patented products that are sold for a long period without competition. If this is not done, there is a real danger that once the patent expires, the trade mark may become a generic name.
For example, ‘ESCALATOR’ was once a trademark. However, its improper usage by the trademark owner and the public led to the term ‘escalator’ mean any moving stairs, and thus it went into the public domain. ASPIRIN, CELLOPHANE, FRIGIDAIRE, and GRAMOPHONE are other examples of well known trademarks that have came into common usage in such a way that they have lost their identification and differentiating function.
To maintain your trademark rights, all marks should be used regularly as trademarks, and exactly as they are registered. This helps to convey the key characteristic of a trademark or brand, namely, consistency. A key component of successful branding is consistency. A consistent image is everything. A brand is your business's philosophy or uniqueness that is instantly translated through a visual phrase or symbol. Used consistently, this symbol will provide immediate recognition, build employee pride and consumer loyalty, and position your business for success.
Under most trademark laws, a mark that is not used for a continuous period of three or five years is liable to be removed from the trademark register. Of course, the exact meaning of ‘use of mark in commerce or trade or business’ is different in different countries. For example, in some countries, the mere use of a mark in advertising may be considered as use of mark.
For further information, please follow the next contents, explore the world of intellectual property and chances that intellectual property may bring to your enterprise.
