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Katia De Clercq

Safeguarding your trademarks about becoming a generic term is imperative

Did you know that safeguarding the distinctiveness of your trademark registrations throughout the lifespan of your brand is imperative?

As a trademark owner, you have to preserve your trademark from becoming a generic term for the goods or services which it covers.

Although a trademark becoming a generic term for the product or service it covers may seem to be the ultimate marketer’s dream, as nothing works as good as a trademark literally describing a product or service, it must be avoided if you want to maintain the exclusive rights to use in the market. If you find the public using your trademark to refer to the product of service (e.g. Nylon, Kodak, Baxter, Kleenex, etc.), you will have a problem as you will no longer be able to distinguish yourself from your competitors.

As a trademark owner, there are some things you can do to avoid this from happening.

·       First, use your trademark correctly i.e. with a capital letter and where possible with a trademark symbol, such as ® or TM.

·       And, secondly, act against any third party who uses your trademark in the course of trade without your authorization.

If you have any questions regarding securing, maintaining, and enforcing trademark protection in the short or long term, our IP Attorneys are happy to assist you in search and protection for your desired distinctive mark and can advise you on how best to maintain your protection on the long term.

Do not hesitate to contact us at

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