Never use your trade mark descriptively, for instance as a noun or verb - the classic example of this is the words shredded wheat which under earlier legislation (the Trade marks Act 1938) was a trade mark. The proprietor even had a patent monopoly on the process for making the breakfast cereal, but used name as description, subsequently permitting others to do the same - and loss of rights. Compare this with Hoover, robustly protected as trade mark and even Coke, although thought by many to be a generic term, still a registered protected trade mark.
- Always try to distinguish the trade mark from the rest of the text it is in or wherever displayed, by using capitalisation, using the (R) symbol or the TM symbol;
- that is, use of the (R) symbol only next to registered trade marks;
- that is, use of TM for registered or unregistered marks;
- use the trade mark as it was registered, that is for the goods and/or services for which it was registered, non-use revocation may otherwise be possible;
- do not misrepresent the trade mark as registered for goods and/or services when it is not; and
- police use of the mark. There are often what seem like ridiculous stories of heavy-handed corporate behaviour on behalf of the largest trade mark owners. The aim of these companies could be seen as to make the news with their aggressive policing, reminding everyone that the mark is a trade mark.
Article courtesy of Lawdit. Tim Mount is a trainee solicitor at Lawdit, tim.mount@lawdit.co.uk
Nov 4, 2009
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