XEROX Trademark: Avoid Brand Name Generics with Proper Use

Internet entrepreneurs often fail to learn or observe the basic rules for SECURING valuable intellectual property rights, including their trademarks and trade names. Learn the proper rules of trademark usage so you don’t wake up to find that your most valuable business asset has been lost.

Rule No. 1: A generic term is not a trademark.

Do you already have a headache? Take a aspirin. Yes, once a trademark, now a victim of a generic.

There are several important concepts to learn about “generic” use and its impact on brand equity. We’ll have a bit of fun on this and in the next article with some examples, some of which will surprise you.

1. A “term coined for an innovative product. Even a strong and coined brand like XEROX or GOOGLE can suffer a violation of its rights or, in the worst case, extinction without due attention to Use of the brand, both in advertising and by the public. This is more likely to happen with a product that did not exist previously, as the public does not have a generic point of reference for the new goods or services being offered to them. As a result, without constant vigilance, the terms can be identified not with the trademark owner as the origin identifier of the goods or services, but with the services and goods themselves. The XEROX Illustrated Advertisement focuses on informing the public of the appropriate generic terms to associate with its products and maintains the focus on XEROX as a brand.

2. Terms already generic. On the other hand, some terms like “Brassiere” were generic to begin with, and no well-advised client should Please select a lot less Use a term like a trademark. Generic terms are not trademarks and never will be. Please select wisely before one begins Use, since efforts to Check in Y Hard it may be in vain.

The use of generic and descriptive terms in domain names is also a major problem. The great internet marketing gurus tell customers that Please select domains that are generic or that describe the products or services. While it may be a great domain to search for and market for sex, it will never be a brand. .com>

3. Images of generic products. A photo of a zipper, a generic product, cannot function as a trademark. XEROX is known for its efforts to teach others how to properly use its XEROX brand. His recent ad that featured a photo of a zipper made this point clear. (See the resource box for the link to the image.)

Four. Generic terms used arbitrarily or distinctively. Terms that are generic for some uses have been considered valid trademarks when applied differently. Cross-reference from this point to the types of marks, and Selection. For example, “apple” applied to a type of fruit is generic. Applied to computers, it is “arbitrary”. A less obvious example is SIDE DISH, which was not considered generic for frozen potatoes, although it would be generic “for food served to accompany a main dish.” Confusing, you can bet!

Headache? Take some bufferin. Just an example of a descriptive trademark, not a generic one. (But that’s a topic for another day).

“What’s an aspiring brand owner to do?”

1. Use your trademark as an adjective: one rule for each brand

Smart brand owners always use their brands in advertising as an “adjective” in combination with the generic term for the product or service. This is particularly important when the product is new and unique; it runs the risk of “the brand becoming the thing in itself.” (Aspirin for example). Here’s a “curiously strong” usage example:

ALTOIDS® Mints

The inclusion of both terms together, with the brand being more distinctive in appearance, reminds the consumer of the generic term, as well as the particular brand of the generic.

2. Monitor public use. Learn about the XEROX trademark program. The efforts don’t end with tracking the advertising itself. Every brand owner should learn the rules and review the content, but this is just the beginning. The XEROX usage program goes one step further and teaches the general public how your brand should be used. It’s a subtle reminder not to say, “Can you ‘Xerox’ this for me?” Instead, the generic term is “copy.” XEROX is doing a wonderful job teaching others how to use its brand! You can learn from this and do the same.

We advise our customers to contact us when they see an article on the Internet that misuses the mark in a generic sense. We write polite letters calling the attention of the innocent offender to the misuse. Most people are happy to correct usage, which if left unattended can lead to a generic error.

3. Don’t think generic, think distinctive. Unless you are sure you can Please select Y Use a generic term such as a trademark for goods and services arbitrarily (for goods other than those that are generically identified), “Do not try Please select gold Use them to build a brand, period. “

Four. Reread rule number 1 at the beginning of this article.

The BRANDAIDE (TM) acronym “INSURE” stands for Research, Noodle, Select, Use, Register Y Hard. INSURE simply reminds brand owners to constantly monitor the status of brand protection on an ongoing basis, as well as the steps to take to do so. However, it is not easy to separate Selection from Protection gold Use; or any of them for the need of a strong App Program. As a result, there will be some overlap between the areas, the law of cause and effect applied to brand protection. Inappropriate advice in one area will negatively affect another, sometimes permanently. As we guide business owners in their quest to build a strong brand, this law of cause and effect will become clearer.

Has your anxiety level increased by reading this post? Take some PROZAC®. It remains a registered trademark and not generic, but a brand!

Are you ready for more? Fill a “thermos” with “Cola” and ride a “pig” on an “escalator” for a “primal therapy.”

Copyright 2008 Hodgson Law Group