Trademarks – Use Them (Properly) or Lose Them

Contact: Sean Detweiler, Morse Barnes-Brown Pendleton
Posted Apr 1, 2019

How a trademark is used must be managed carefully to protect its value and avoid losing rights and registrations.

To acquire and maintain trademark rights, it comes down to use of the mark. If the mark is no longer used, no longer used in association with all of the goods/services identified in registration for the mark, or if the mark is used incorrectly, rights in the mark will be lost. Therefore, it is crucial that everyone tasked with managing the use of a trademark understand what actual use of a mark requires.

Essential Rules For Proper Trademark Use

Rule #1: A trademark is an adjective. It is not a verb. It is not a noun.

Rule #2: The purpose of a trademark is to identify the source or origin of a product or service; it is not to identify the product or service itself.

If these two rules are followed in all cases, then use of the mark should be considered to be occurring.

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