Getting Your Staff to Use Trademarks Properly and Effectively

Gabrielle Holley, Shareholder, Holley & Menker, P.A., USA

Once a trademark registration is obtained from the United States (US) Patent and Trademark Office (PTO), it is important to continue to properly use the trademark and provide notice that the mark is registered. However, marketing departments, scientists and others who actually use the mark in commerce are not often aware of the use and notice requirements or how to satisfy those requirements. This article provides some real world examples of how and where entities fail to comply with the use and notice requirements, how that failure can relate to likelihood of confusion, and offers suggestions and a practical “To Do List” to help ensure consistent and proper trademark use.

Prior to forming her current firm in 2007, she worked at a major international law firm for ten years, doing the same type of work.