Owning a trade mark gives your brand a unique identity and legal protection. But if not carefully managed, even strong trade marks can lose their distinctiveness and slip into the public domain as generic terms. Famous examples include “escalator,” “cellophane,” and “aspirin,” which were once protected trade marks but are now used as common names.
If you are a trade mark owner, here are some key steps you can take to ensure your brand remains protected and doesn’t become generic.
1. Use Your Trade Mark Correctly
Always use your trade mark as an adjective, not a noun or verb. For example:
- Correct: “I need a Kleenex® tissue.”
- Incorrect: “I need a Kleenex.”
This reinforces that your trade mark identifies the brand, not the product category itself.
2. Educate the Public and Your Employees
Ensure that your team, distributors, and customers know how to use your trade mark properly. This includes:
- Using the ® or ™ symbol where appropriate.
- Capitalising the trade mark.
- Avoiding plural or possessive forms of the mark (e.g., “LEGO bricks,” not “LEGOs”).
3. Use Trade Mark Notices
Whenever possible, include a clear statement of ownership.
For example:
“X® is a registered trade mark of Y Company.”
This reminds the public and competitors that the name is not generic but a legally protected brand.
4. Enforce Your Rights
Monitor how others use your trade mark. If you see competitors, journalists, or retailers misusing it, take corrective steps. Sometimes a polite reminder is enough; other times, legal action may be necessary. Consistent enforcement helps prevent erosion of your rights.
5. Distinguish Your Trade Mark in Writing
Make your trade mark stand out in text by using:
- Capital letters (e.g., BAND-AID®).
- Bold, italics, or distinctive fonts.
This visual emphasis reinforces the idea that it is a brand name, not a product type.
6. Promote the Brand, Not Just the Product
Develop strong brand associations beyond the product itself. Marketing campaigns that link your trade mark with brand values, lifestyle, or innovation help cement its role as a source identifier, not just a product descriptor.
Final Thoughts
Once a trade mark becomes generic, it is nearly impossible to regain exclusive rights. The best approach is prevention: consistent correct use, active monitoring, and education. By treating your trade mark as the valuable asset it is, you can protect it from becoming just another word in the dictionary.