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Also, do not use a mark as a verb.
A good use example (adjective): “I’m doing a GOOGLE search for the near- est health club.” A bad use example (verb): “I know. I’ll just GOOGLE in- stant beach body workouts!”
e word “brand” can also be used to set the mark up as special rela- tive to its related product or service. When “brand” is used this way, how- ever, present it in lowercase print (e.g., CURVES brand tness centers; FRANZIA brand wine).
PLURAL AND SINGULAR MARK MODIFICATIONS – DON’T
Plural and singular modi cations happen only to nouns. Since trade- marks are not nouns, do not add or subtract an “s” to a mark.
Good: “Our ATHLETA running shorts are lightweight.” Bad: “Try on a pair of our ATHLETAs.”
If the brand ends with an “s,” don’t ever remove it to singularize the mark
for any reason. is is much less likely to happen, since it typically makes the mark sound and look kind of funky – e.g., “I’d like a STARBUCK cappuccino.” AVOID THE POSSESSIVE FORM
Some marks are possessive by de- sign, such as LEVI’S jeans or JACK DANIEL’S whiskey, but most are not. Nouns can possess things, while ad- jectives cannot. Trademarks are ad- jectives. Do not do this.
USE APPROPRIATE SYMBOLS AND NOTICE
Any term your client wants to des- ignate as a trademark for products or as a service mark for services should be accompanied by a TM or SM sym- bol (at least in the rst or most promi- nent instance of use of the mark). ese symbols have no legal signi - cance but are recognized worldwide as staking a claim to the designated term as someone’s trademark or ser- vice mark.
When the mark is federally regis- tered, the statutory ® notice should
be used. Alternatively, or in addition to the use of such symbols, a state- ment can be included (such as on a webpage or printed materials about the product or service) to identify a trademark and claim of owner- ship and registration. For example, “MEDIFAST is a registered trademark of Jason Enterprises, Inc.”
MAKE ALL THIS ADVICE STICK, LIKE VELCRO® HOOK-AND- LOOP FASTENER
As you can see, your client can be its own worst enemy by misuse or modi- cation (or mutilation) of the client’s brand. Watch for these missteps and help keep your client’s trademark strong and distinctive.
Both you and your brand-con- scious client should watch a video. Conduct a YouTube search for “Don’t Say Velcro,” turn up the volume, and enjoy some “We Are the World”-type trademark entertainment.
MR. SAWICKI AND MR. YOUNG ARE SHAREHOLDERS AT WESTMAN, CHAMPLIN & KOEHLER. TO CONTACT THEM, PLEASE EMAIL THEM DIRECTLY AT EITHER [email protected] OR [email protected].
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