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Will You Add? - Use It or Lose It: Guidelines for Proper Trademark Use
How much does it cost you to ship the empty space in your boxes? Do you know the difference between dimensional weight and oversize fees that FedEx, UPS and DHL charge their customers? At what point is it less expensive to use a freight carrier instead of FedEx, UPS or DHL? Most importantly, do you know how to save money on your shipping expense by making good packaging decisions? The answers to these questions and more make up the body of this article.Oversize charges only apply to ground shipments and dimensional weight adjustments only apply to air shipments. Let’s say you are shipping a 20 pound, 30 x 30 x 30 inch box from New Orleans to Los A
D. Be Consistent
Trademarks should be used consistently. Variations on how the mark is presented should be avoided. Failure to use a mark consistently can result in consumer confusion or dilute the distinctiveness of the mark. On the other hand, using a mark the same way every time will enhance the distinctiveness, and thus, the consumer’s recognition of the mark.
Conclusion
The guidelines set forth above are by no means inflexible. However, by following the rules of proper use it will be much less likely that a trademark is used improperly. Furthermore, adhering to these rules is likely to increase consumer awareness that a term is being used as a trademark. Thus, a trademark owner should ensure that their marks are properly used, or else run the risk of losing their rights.
© 2006, Gallagher & Dawsey Co., LPA November 2006
DISCLAIMER
We hope you understand that we cannot possibly give accurate legal adv
A business plan is your most important tool when going after financing -- private and government -- says James Byrne, Director of the Small Business Consumer Centre.Byrne offers these tips to make your business plan stand out from the crowd.1. The process is as important as the plan itself. Do it yourself, and you'll come away from the experience with a more in-depth, more organized and more crystal-clear vision of your business. If the investor sees that you've invested the time, energy and unified effort to develop your own business plan, you're already past the first hurdle. When you're done, you might consider a review by a consultant, w
A. Use Proper Trademark Grammar
The most important rule of grammar regarding proper trademark use is that a trademark should be used as an adjective, not a noun or verb. Using the mark as an adjective helps distinguish the mark from the generic term it modifies. After all, a mark is used to identify the source or brand of a product, not the product itself. It is important to follow this rule to prevent your mark from potentially becoming considered generic. Examples of proper use include: KLEENEX ®tissue; APPLE® computer; and JACUZZI® hot tub. Note that each mark (adjective) is used to modify the generic term (noun). In fact, since trademarks function as adjectives, they should always be accompanied by the correct generic name for the product or service.
Other rules of grammar important to proper trademark use include avoiding the use of a trademark in the plural or possessive form. When referring to more than one trademarked product, do not pluralize the trademark. Instead, use the plural form of the generic product to which you are referring. For example, it would be incorrect to say “Could you pass me some kleenexes so I can blow my nose?” The correct statement should be “Could you pass me some KLEENEX® tissues so I can blow my nose?” Likewise, trademarks should not be made possessive. Rather, the generic product name should be made possessive. For example, it is improper to use “I really like Febreze’s fresh scent.” The correct use of the mark should be “I really like the Febreze® air freshener’s fresh scent.”
B. Distinguish Your Mark
Trademarks should stand out from surrounding text. This helps to further distinguish the trademark from ordinary descriptive or generic terms. There are numerous ways to present a trademark to make it stand out. A non-exhaustive list of examples includes:
All capitals: VASELINE® petroleum jelly
Initial capitals: Kleenex® tissue
Quotation marks: “Channellock” ® pliers
Italics: Life Savers® candy
Boldface: Pizza Hut® restaurant
Use of the word “brand”: Scotch® brand and transparent tape.
C. Identify Your Mark as a Trademark
There are several ways to indicate to the public that you are using your mark as a trademark or service mark. The most common way that trademark owner’s put others on notice that they are using a mark as a trademark or service mark is by using the symbols TM, SM, or ®. The TM symbol is used to identify an unregistered trademark, while the SM symbol is used to identify an unregistered service mark. Use of the TM or SM symbol does not imply that a trademark application has been filed; it simply means that the term is claimed as a trademark. On the other hand, the ® symbol is used to identify a trademark or service mark that has been registered with the U.S. Patent & Trademark Office. Thus, the ® symbol should be used only in connection with a registered mark. Alternatively, there are other proper forms of notice for registered trademarks, including: “Reg. U.S. Pat. & Tm. Off.” and “Registered in the U.S. Patent and Trademark Office.”
It should be noted that use of a statutory notice is not required. However, to collect damages and profits in an infringement suit brought under the Lanham Act, statutory notice or the defendant’s actual notice of plaintiff’s registration is required.
D. Be Consistent
Trademarks should be used consistently. Variations on how the mark is presented should be avoided. Failure to use a mark consistently can result in consumer confusion or dilute the distinctiveness of the mark. On the other hand, using a mark the same way every time will enhance the distinctiveness, and thus, the consumer’s recognition of the mark.
Conclusion
The guidelines set forth above are by no means inflexible. However, by following the rules of proper use it will be much less likely that a trademark is used improperly. Furthermore, adhering to these rules is likely to increase consumer awareness that a term is being used as a trademark. Thus, a trademark owner should ensure that their marks are properly used, or else run the risk of losing their rights.
© 2006, Gallagher & Dawsey Co., LPA November 2006
DISCLAIMER
We hope you understand that we cannot possibly give accurate legal advi
With the advent of the small PLC's (programmable logic controllers), the Logo or the Pico to name just a couple, controlling pneumatic circuits can be achieved with high reliability, low complexity, and at a relatively low cost with one of the currently available, easy to program controllers.That's all well and good for the vast majority of applications that occur in a plant environment that offers electricity. But what if yours doesn't? Or, what if you would prefer to have a non-electrical compressed air circuit, one that is, perhaps, located in an explosive or fire hazard location?Years ago, there were no options but using air logic to control
Other rules of grammar important to proper trademark use include avoiding the use of a trademark in the plural or possessive form. When referring to more than one trademarked product, do not pluralize the trademark. Instead, use the plural form of the generic product to which you are referring. For example, it would be incorrect to say “Could you pass me some kleenexes so I can blow my nose?” The correct statement should be “Could you pass me some KLEENEX® tissues so I can blow my nose?” Likewise, trademarks should not be made possessive. Rather, the generic product name should be made possessive. For example, it is improper to use “I really like Febreze’s fresh scent.” The correct use of the mark should be “I really like the Febreze® air freshener’s fresh scent.”
B. Distinguish Your Mark
Trademarks should stand out from surrounding text. This helps to further distinguish the trademark from ordinary descriptive or generic terms. There are numerous ways to present a trademark to make it stand out. A non-exhaustive list of examples includes:
All capitals: VASELINE® petroleum jelly
Initial capitals: Kleenex® tissue
Quotation marks: “Channellock” ® pliers
Italics: Life Savers® candy
Boldface: Pizza Hut® restaurant
Use of the word “brand”: Scotch® brand and transparent tape.
C. Identify Your Mark as a Trademark
There are several ways to indicate to the public that you are using your mark as a trademark or service mark. The most common way that trademark owner’s put others on notice that they are using a mark as a trademark or service mark is by using the symbols TM, SM, or ®. The TM symbol is used to identify an unregistered trademark, while the SM symbol is used to identify an unregistered service mark. Use of the TM or SM symbol does not imply that a trademark application has been filed; it simply means that the term is claimed as a trademark. On the other hand, the ® symbol is used to identify a trademark or service mark that has been registered with the U.S. Patent & Trademark Office. Thus, the ® symbol should be used only in connection with a registered mark. Alternatively, there are other proper forms of notice for registered trademarks, including: “Reg. U.S. Pat. & Tm. Off.” and “Registered in the U.S. Patent and Trademark Office.”
It should be noted that use of a statutory notice is not required. However, to collect damages and profits in an infringement suit brought under the Lanham Act, statutory notice or the defendant’s actual notice of plaintiff’s registration is required.
D. Be Consistent
Trademarks should be used consistently. Variations on how the mark is presented should be avoided. Failure to use a mark consistently can result in consumer confusion or dilute the distinctiveness of the mark. On the other hand, using a mark the same way every time will enhance the distinctiveness, and thus, the consumer’s recognition of the mark.
Conclusion
The guidelines set forth above are by no means inflexible. However, by following the rules of proper use it will be much less likely that a trademark is used improperly. Furthermore, adhering to these rules is likely to increase consumer awareness that a term is being used as a trademark. Thus, a trademark owner should ensure that their marks are properly used, or else run the risk of losing their rights.
© 2006, Gallagher & Dawsey Co., LPA November 2006
DISCLAIMER
We hope you understand that we cannot possibly give accurate legal adv
Having been in business for myself for almost 20 years, I have found myself analysing the way I have progressed and developed both in business, and as a person, and the word that covers this best is philosophy. If your business is not doing well, then it may be worth taking a look at its philosophy.It may be stating the obvious, but how successful you and your business becomes, will rely on your (or the businesses) philosophy. I believe that people are in control of their own future, and can achieve what ever they want with honesty, integrity, dedication, generosity and a sense of humour.Business should be fun. People working for you should lo
B. Distinguish Your Mark
Trademarks should stand out from surrounding text. This helps to further distinguish the trademark from ordinary descriptive or generic terms. There are numerous ways to present a trademark to make it stand out. A non-exhaustive list of examples includes:
All capitals: VASELINE® petroleum jelly
Initial capitals: Kleenex® tissue
Quotation marks: “Channellock” ® pliers
Italics: Life Savers® candy
Boldface: Pizza Hut® restaurant
Use of the word “brand”: Scotch® brand and transparent tape.
C. Identify Your Mark as a Trademark
There are several ways to indicate to the public that you are using your mark as a trademark or service mark. The most common way that trademark owner’s put others on notice that they are using a mark as a trademark or service mark is by using the symbols TM, SM, or ®. The TM symbol is used to identify an unregistered trademark, while the SM symbol is used to identify an unregistered service mark. Use of the TM or SM symbol does not imply that a trademark application has been filed; it simply means that the term is claimed as a trademark. On the other hand, the ® symbol is used to identify a trademark or service mark that has been registered with the U.S. Patent & Trademark Office. Thus, the ® symbol should be used only in connection with a registered mark. Alternatively, there are other proper forms of notice for registered trademarks, including: “Reg. U.S. Pat. & Tm. Off.” and “Registered in the U.S. Patent and Trademark Office.”
It should be noted that use of a statutory notice is not required. However, to collect damages and profits in an infringement suit brought under the Lanham Act, statutory notice or the defendant’s actual notice of plaintiff’s registration is required.
D. Be Consistent
Trademarks should be used consistently. Variations on how the mark is presented should be avoided. Failure to use a mark consistently can result in consumer confusion or dilute the distinctiveness of the mark. On the other hand, using a mark the same way every time will enhance the distinctiveness, and thus, the consumer’s recognition of the mark.
Conclusion
The guidelines set forth above are by no means inflexible. However, by following the rules of proper use it will be much less likely that a trademark is used improperly. Furthermore, adhering to these rules is likely to increase consumer awareness that a term is being used as a trademark. Thus, a trademark owner should ensure that their marks are properly used, or else run the risk of losing their rights.
© 2006, Gallagher & Dawsey Co., LPA November 2006
DISCLAIMER
We hope you understand that we cannot possibly give accurate legal adv
Expand Your Business through Online Exposure There are many strategies to improve your business profits. advertising is the key to improve your business revenue. Expose your company online. The internet is a great place to get advice on how to make your business more profitable. Turning your business into an internet marketing company will be very profitable. Directory submission services will make company rank high on the search engines. By showing your items internet marketing companies the percentages wil be higher to make more profit. Easy advertising is signage of what you are promoting. If you advertise online it is even better then advertising on tel
It should be noted that use of a statutory notice is not required. However, to collect damages and profits in an infringement suit brought under the Lanham Act, statutory notice or the defendant’s actual notice of plaintiff’s registration is required.
D. Be Consistent
Trademarks should be used consistently. Variations on how the mark is presented should be avoided. Failure to use a mark consistently can result in consumer confusion or dilute the distinctiveness of the mark. On the other hand, using a mark the same way every time will enhance the distinctiveness, and thus, the consumer’s recognition of the mark.
Conclusion
The guidelines set forth above are by no means inflexible. However, by following the rules of proper use it will be much less likely that a trademark is used improperly. Furthermore, adhering to these rules is likely to increase consumer awareness that a term is being used as a trademark. Thus, a trademark owner should ensure that their marks are properly used, or else run the risk of losing their rights.
© 2006, Gallagher & Dawsey Co., LPA November 2006
DISCLAIMER
We hope you understand that we cannot possibly give accurate legal adv
The bursting of the dotcom bubble in the year 2001 was a defining moment in the global web industry. People believed that the web had been given far more significance than it merited, not withstanding that initial glitches are a common feature of all technological revolutions. The shakeouts in fact mark the beginning of new and innovative technology ready to replace the old and the redundant.The concept of "Web 2.0" thus began with a conference brainstorming session between O'Reilly and MediaLive International. Dale Dougherty, web pioneer and O'Reilly VP, believed that the web has not lost any importance; in fact with new and exciting applications comi
D. Be Consistent
Trademarks should be used consistently. Variations on how the mark is presented should be avoided. Failure to use a mark consistently can result in consumer confusion or dilute the distinctiveness of the mark. On the other hand, using a mark the same way every time will enhance the distinctiveness, and thus, the consumer’s recognition of the mark.
Conclusion
The guidelines set forth above are by no means inflexible. However, by following the rules of proper use it will be much less likely that a trademark is used improperly. Furthermore, adhering to these rules is likely to increase consumer awareness that a term is being used as a trademark. Thus, a trademark owner should ensure that their marks are properly used, or else run the risk of losing their rights.
© 2006, Gallagher & Dawsey Co., LPA November 2006
DISCLAIMER
We hope you understand that we cannot possibly give accurate legal advice to all inventors in a brief article on intellectual property issues that should be considered when starting a business. Accordingly, nothing in the above is intended as specific legal advice to any person. Such legal advice can only be given by a qualified practitioner after a careful review of all the individual facts. We urge you to consult us, or another licensed professional, before you proceed.
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