Tips for Protecting your Trademark: Use, Monitor & Enforce Your Rights

Once you have established your rights in a trademark, you must protect it by using it. This means you display the name, logo or mark in prominent places. You should indicate that it is a federally registered mark by using the “®” symbol (or the TM for common-law marks or SM for common-law servicemarks) on your product or marketing materials. You don’t have to use the registration symbols all the time, but when another party reads ads, websites, publications, or looks at your product, they should be put on alert that your trademark is registered and protected.

While it may seem desirable to have your product become a household name, if your trademark becomes a generic word, you could lose ownership of it. Common examples include the “zipper” (B.F. Goodrich) or “aspirin” (Bayer and AG). You may have noticed recent commercials by Kleenex that remind consumers they are a brand, not a product, in an attempt to avoid this fate. The key is to avoid using your mark as a noun and use it as an adjective instead (buy Kleenex facial tissues, rather than buy Kleenex).

Conducting routine searchers to confirm competitors are not using phrases or images similar to yours can help ensure that you stop infringements quickly. Any action by another business in your same industry that could confuse consumers about your mark should raise a red flag.

If you discover another party is infringing on your trademark, you must decide whether or not to pursue your rights. One of our intellectual property attorneys can help you asses the strength your trademark and the likelihood of winning a lawsuit if one becomes necessary. We can work with you to create a proper and affordable response to potential infringers, but it is important to take some action so you don’t lose rights to your mark. If you do not take infringements seriously, neither will the court.

Contact us today to schedule your initial consultation. The attorneys at The Swenson Law Firm provide a variety of business law services to entities of all sizes.

The post Tips for Protecting your Trademark: Use, Monitor & Enforce Your Rights appeared first on The Swenson Law Firm - Providing Guidance and Protection to California Businesses and Employers.