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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.