How to use a trademark

Your trademark is special to you, your brand, and your company. There are several rules of thumb that should be followed to preserve this special status. To maintain a trademark, it is important that the public recognize it is a trademark. This can be accomplished by using generic terms alongside your mark so that people realize your mark is in fact a trademark and not a name for the goods. When placing your trademark on goods or marketing material your trademark should stand out from other text so it is clear that it is separate and different. You may also use the TM ™ symbol to indicate you claim the term as a trademark. Your mark does not have to be registered to use the TM symbol. If your trademark is registered, you can use the registered symbol ® or a statutory notice. The registered symbol cannot be used if your mark is not registered! You worked hard to get your trademark so ensure you are using it correctly and in a way that will not jeopardize its protections.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.

Use it or lose it

Merely thinking of a great trademark is not enough, you have to use it. This does not mean that you have to be selling your goods, but you have to be using it publicly. Public use of your trademark will establish your priority and increase your protection. A few examples of public use other than actually selling your goods include presale announcements and soliciting/accepting orders. If you are not yet using your trademark, but plan on using it in the future and want to establish your priority as soon as possible, you can file an intent to use application. While your trademark will still not be fully registered until a statement of use is filed and accepted, the benefit is that once accepted your priority date will be the date you filed the application. In addition to using your trademark in a public manner, you must use your trademark in continuous commercial use. Just like you are dependent on your trademark for protection, your trademark is dependent on your use.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.