Trademark Brochure

Subject: Trademark Brochure
From: Jim Grey <jwg -at- ACD4 -dot- ACD -dot- COM>
Date: Mon, 31 Jan 1994 09:29:04 -0500

Gentle people,

Here's the trademark brochure I promised. Any misspellings are my typos, bad
toad, bad toad.

jim grey |beebeebumbleandthestingersmottthehoopleraycharlessingers
jwg -at- acd4 -dot- acd -dot- com |lonniemackandtwangandeddiehere'smyringwe'regoingsteadyta
Terre Haute, IN -- The Silicon Cornfield

A Guide to the Care of Trademarks

You--each and every employee--play a most valuable role in preserving
and enhancing our trademarks. For this reason it is important that you
thoroughly understand how our trademarks are to be used.

A trademark is a word (or several words), a name, a symbol (such as one
or more letters, or numbers, or a design), or any combination of these,
used to identify the goods of our company. Some well-known trademarks
are KODAK, LYSOL, and TEFLON. The mere use of a trademark to identify and
distinguish the goods of our company from those of another creates
trademark rights. However, in order to obtain additional advantages most
companies register their trademarks in the United Stated Patent and
Trademark Office.

The generic name is the common descriptive name of the product it identifies.
For example, "instant lather shaving cream" is the generic name that
goes with RISE and "depilatory cream" is the generic name that goes with

A trademark must not be confused with a trade name, which identifies a
company. COKE is a trademark of The Coca-Cola Company. "The Coca-Cola
Company" is the trade name.

Trademarks must be protected and cared for or they will be lost. Many
trademarks which were once the proud possessions of corporate families have
been lost because they were misused. Some famous former trademarks are:
escalator, kerosene, shredded wheat, cellophane, and mimeograph. A
trademark is lost when it becomes generic, i.e. when it has come to mean
the product as distinguished from a certain brand of the product.

If our trademarks become generic, they could be used by anyone and would no
longer indicate to the public that the products on which they were used,
were made, supplied, or sold by our company.

Our company's trademarks are well-known and signfiy to the purchaser that
he is buying quality products from a company with a reputation for
dependability and integrity.

Trademarks are one of our most important assets and should be treated with
the care due something so valuable.

It is relatively easy to protect and care for trademarks. You need only
follow the simple rules listed here. These rules should be followed on
all business documents, advbertising literature, displays, packaging,
labels, and correspondence.

If you have any questions relating to the rules of trademark use, call
the Trademark Department.

How to care for trademarks.

1. Trademarks are loners. They must be distinguished in print from other
words and must appear in a distinctive manner.

A trademark should always be used in a manner which will distinguish it
from the surrounding text. Capitalize trademarks completely, or use
initial caps with quotes, or as a minimum use initial caps. The generic
product name should not be capitalized. If the material is being
prepared by a printer, other suitable alternatives for distinguishing the
trademakrs are to place it in italics, bolder-faced type or a different

ARRID cream deodorant
"Arrid" cream deodorant
Arrid cream deodorant

2. Trademarks are status seekers and ask that they be followed by a
notice of their status.

Whenever possible a trademark notice should follow the mark. As a minimum
requirement, it should be used at least once in each piece of printed
matter and preferably the first time the trademark appears. If a trademark
has been registered in the U.S. Patent and Trademark Office, the
registration notice (circle R symbol) or "*Reg. U.S. Pat. & Tm. Off." should
be used. The (circle R symbol) or Reg. U.S. Pat. & Tm. Off. should never
be used if the trademark has not been registered for the product concerned.
In such a case, the letters TM should follow the mark or an asterisk can
be used to refer to a footnote stating, "*A trademark of -----".

SHEETROCK* gypsum wallboard
XYZ(TM) [(TM) is the TM symbol]

* Reg. U.S. Pat. & Tm. Off.
+ A trademark of X Company

3. Trademarks like good company and should be accompanied by the generic
name for the product they identify.

A trademark is a proper adjective and should, whenever possible, be followed
by the common descriptive name (noun) of the product. This should be done
at least the first time the trademark appears in a piece of printed

Trademark Generic Name
KODAK(R) cameras
JEEP(R) vehicles
VASELINE(R) petroleum jelly
LEVI'S(R) jeans and sportswear

The word "brand" may also be used to reduce the possibility that the
trademark will be thought of as the generic name for the product, or a line
of products. When used, it should always appear in small print.

BAND-AID(R) brand adhesive bandages
SCOTCH(R) brand transparent tape
PYREX(R) brand heat-resistant glassware

4. Trademarks are not clinging vines. They are never possessive.

Never use a trademark in the possessive form.

Correct -
The good taste of FRENCHETTE(R) low calorie salad dressings
The fine quality of PAMPERS(R) disposable diapers
Wrong -
FRENCHETTE'S good taste
PAMPERS' fine quality

5. Trademarks are singular.

Since a trademark is not a noun, it should never be used in the plural form.

Please note, however, that some trademarks actually end with "s", such
as KEDS(R), COETS(R), Q-Tips(R).

Correct -
Take some pictures with KODACOLOR(R) film.
The doctor prescribed MILTOWN(R) transquilizer tablets.
Wrong -
The doctor prescribed MILTOWNS.

6. Trademarks are never common. They are always proper.

Trademarks are proper adjectives and should never be used as common
descriptive adjectives.

Thus, never use a trademark for a raw material to describe finished
products made from it.

Correct -
This flotation equipment made of STYROFOAM(R) plastic form can be
readily installed.
Wrong -
This STYROFOAM(R) floatation equipment can be readily installed.

Since a trademark is a proper adjective and not a verb, it should never be
used as a verb.

Correct -
Make six copies on the XEROX(R) copier.
Make a photocopy.
Polish your car with SIMONIZ(R) paste was.
Wrong -
XEROX(R) the report.
SIMONIZ(R) your car.

7. Trademarks are proud of the companies that own them.

If it is not readily apparent who owns the trademark, for example, where
the company letterhead is not being used, a notice of ownership should be
given. This can be accomplished by placing an asterisk after the
trademark, which refers to a footnote stating that the trademark is the brand
name for a product which is made by our company.

*JELL-O is a registered trademark for dessert products made by General Foods.

And, if you still have questions about trademarks, call the Trademark

6 East 45th Street, New York, New York 10017

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