Is trademark marking essential?

Trademark marking is a way to give the public notice of your ownership. Because a trademark owner’s rights can be infringed on by unauthorized use, it is important to register and give notice of this ownership. Some marks that you may be familiar with are’TM’ and’SM.’

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Is there a danger that my trademark can become generic?

Yes, there is a danger that a trademark can become generic. A trademark becomes generic when it loses its uniqueness. Generally, this means it is used so much in the everyday that it loses the special qualities that made if worthy of being a trademark in the first place.

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What are the benefits of marking?

Marking provides certain procedural advantages to the owner when attempting to enforce a trademark. You cannot obtain lost profits and damages if you don’t use the notice. However, marking need not be made each and every time the trademark is used. It need only be used in a fair representative number of cases.

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How can I police a trademark infringement?

A registered trademark is a prized commodity. Trademarks are associated with quality in the marketplace, and trademark infringement can damage the name of an otherwise reputable company. Current case law holds that it’s the responsibility of trademark owners to police their own registered trademark.

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What if I license others to use my trademark?

Trademarks, similar to other forms of intellectual property, can be licensed to whomever you want. Proper licensing requires signed contracts detailing the terms of the trademark license. If your business has reached a point of growth that exceeds your manufacturing or supervisory ability, it is time to license others to use your trademark.

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