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Essential Steps for Protecting Your Trademark Rights

Protecting your trademark is crucial for distinguishing your products in the marketplace. Choose non-descriptive and unique names, like "Celestial Seasonings," instead of generic terms like "Tasty Seasonings" that are hard to defend. Always search for similar trademarks before and after registration. Register your trademark at state and then federal levels, and renew it six months before expiration. Use your trademark consistently and avoid altering it. License cautiously and uphold quality standards to maintain its identity. Publicize your mark to prevent abandonment.

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Essential Steps for Protecting Your Trademark Rights

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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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