Wednesday, December 2, 2009

Tips from the Trademark Insider: Use Your Trademarks Properly – Part II

Never use your trademark as a product descriptor. In so doing, you will give an infringer an argument that you have admitted that your mark is descriptive and of limited scope. If the mark has a propensity to be used as a product descriptor, it is a good idea to follow the mark with the generic name of the product. For example, instead of saying, “Our Widgets are awesome,” say, “Our ‘WIDGETS®’ brand kitty treats bites are awesome.” For instance, to prevent its mark from becoming generic, Kimberly-Clark refers to its products as “KLEENEX® tissues” or even “KLEENEX® brand tissues.”

The Trademark Company

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