There are a number of intellectual property myths that attorneys
hear over and over again. Periodically, we'll feature
some of these myths and expose the reality.
Myth: Once I have a trademark registration, my
brand is protected.
Reality: A trademark registration is a tool to
enforce trademark rights. It does not self-execute to prevent
others from using an infringing name. Rather, owners must
police and enforce their trademarks or risk losing their rights by
abandoning their trademarks, improperly licensing a trademark or
letting a trademark become generic. Additionally, the
maintenance of a trademark registration requires periodic
submissions to the U.S. Patent and Trademark Office at set
intervals.
A trademark can become generic when the trademark itself becomes
the accepted term to describe the goods or services for which the
trademark is intended to serve as a source indicator. For
example, the word "cellophane" once had trademark
protection in connection with "plastic food wrap."
Now, however, "cellophane" has become the generic word
for all plastic food wraps, so it no longer has the ability to
distinguish the source of one plastic food wrap from another.
Accordingly, the term is no longer subject to trademark
protection.
A trademark attorney can advise clients on maintaining and
enforcing their trademark rights and preventing a trademark from
being deemed abandoned or generic.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
