* Trademark Planning – Marking And Usage

This Is Our “17 Seconds” Newsletter #140: 17 Seconds = Useful Info Quickly.

Trademarks should generally be used as adjectives to describe the generic thing to which they relate. Apple does a good job of describing how to use its trademarks (https://www.apple.com/legal/intellectual-property/trademark/appletmlist.html). Using the mark with a generic term helps prevent the mark itself from becoming generic. It is customary to use the trademark with the generic term the first time that you mention it and without in subsequent mentions. Also, you should use the circled-R (®) (as opposed to “TM”) symbol to indicated that your trademark has been registered with the USPTO. In summary, in order to preserve your trademark rights, you should be using the mark, marking the mark, and encouraging others to do likewise.

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