Internet entrepreneurs often fail to learn and observe the basic rules for SECURE valuable intellectual property rights, including their trademarks and trade names. Learn the proper rules of trademark usage so you don’t wake up to find your most valuable business asset has been lost.
Rule No. 1: A generic term is not a trademark.
Already have a headache? take a aspirin. Yes, once a trademark, now a fallen victim of gendericide.
Several important concepts about “generic” use and its impact on brand value should be learned. We will have some fun on this and in the next article with some examples, some of which will surprise you.
1.A “coined” term for an Innovative Product. Even a strong and established brand like XEROX or GOOGLE can suffer from the reduction of rights or, in the worst case, extinction without due attention to Spent of the brand, both in advertising and by the public. This is more likely to happen with a product that did not exist previously, since the public does not have a generic reference point for the new goods or services offered to them. As a result, without constant vigilance, terms may be identified not with the trademark owner as the source identifier of the goods or services, but with the goods and services themselves. XEROX’s Illustrated Advertisement focuses on informing the public about the appropriate generic terms to associate with its products and maintains the focus on XEROX as a brand.
2. Already generic terms. On the other hand, some terms like “Brassiere” were generic to begin with, and no well-advised client should Select a lot less Spent a term like a trademark. Generic terms are not trademarks and never will be. Select wisely before you start Spentsincere efforts to Record and Hard it may be in vain.
The use of generic and descriptive terms in domain names is also a major problem. Big Internet marketing gurus often tell clients that Select domains that are generic or that describe products or services. While it may be a great domain for finding and marketing sex, it will never be a brand. .com>
3. Photos of Generic Products. A photo of a zipper, a generic product, cannot function as a trademark. XEROX is known for its efforts to teach others how to properly use its XEROX brand. Their recent ad featuring a photo of a zipper did that perfectly. (See resource box for link to image.)
4. Generic terms used arbitrarily or distinctively. Terms that are generic to some uses have been considered valid trademarks when applied differently. Cross this point with the types of marks, and Selection. For example, “apple” applied to a type of fruit is generic. Applied to computers, it is “arbitrary”. A less obvious example is SIDE DISH, which was not considered generic for frozen fries although it would be generic “for food served as a side dish to an entrée.” Confused, you bet!
Headache? take some tampon. Just an example of a descriptive trademark, not a generic one. (But that is a topic for another day).
“What’s an aspiring brand owner to do?”
1. Use your trademark as an adjective: a rule for each brand
Wise brand owners always use their trademarks in advertising as an “adjective” in combination with the generic term for the product or service. This is particularly important when the product is new and unique; runs the risk that “the brand becomes the thing itself”. (Aspirin for example). Here’s an “oddly strong” usage example:
ALTOIDS® Mints
The inclusion of both terms together, with the brand being more distinctive in appearance, reminds the consumer of the generic term, as well as the particular brand name of the generic.
2. Monitor public use. Learn about the XEROX Trademark Program. The efforts do not end with monitoring the advertising itself. Every brand owner must learn the rules and review the content, but this is just the beginning. The XEROX Usage Program goes a step further and teaches the general public how to use your brand. It’s a subtle reminder not to say, “Can you ‘copy’ this for me?” Instead, the generic term is “copy.” XEROX is doing a wonderful job teaching others how to use your brand! You can learn from this and do the same.
We advise our customers to contact us when they see an article on the Internet that misuses the brand in a generic sense. We write polite letters bringing the misuse to the attention of the innocent offender. Most people are happy to correct usage, which if left unattended, can lead to genericicide.
3. Don’t think Generic, think Distinctive. Unless you are sure you can do it successfully Select and Spent a generic term as a trademark for goods and services arbitrarily (for goods other than those they generically identify), “Do not try Select gold Spent them to build a brand, period.”
4. Reread rule number 1 at the beginning of this article.
The acronym BRANDAIDE(TM) “INSURE” stands for Investigate, Noodles, Select, Use, Register and Hard. INSURE simply reminds brand owners to constantly monitor the status of brand protection on an ongoing basis, as well as the steps to take to do so. However, it is not easy to separate Selection of Protection gold Spent; or any of them for the need of a strong application program. As a result, there will be some overlap between the areas, the law of cause and effect applied to trademark protection. Inadequate advice in one area will adversely impact another, sometimes permanently. As we guide business owners in their quest to build a strong brand, this law of cause and effect will become clearer.
Has your level of anxiety increased by reading this post? Take some PROZAC®. It is still a trademark and No generic, but a brand!
Are you ready for more? Fill a “thermos” with “Cola” and ride a “pig” up an “escalator” to enjoy “primal therapy”.
Copyright 2008 Hodgson Law Group