There is a fine line between making your company a household name and running the risk of losing the protected status of your name as a result. Just ask the makers of "aspirin," "mimeograph," "escalator," and " monopoly."

Each of those names were once a proprietary trademark. The names were given to a particular product made by a particular manufacturer. But because the companies allowed those product names to be used incorrectly, the terms became generic. Courts ruled that those companies no longer had the right to protect the trade names. Once that happened, the name could be picked up and used by any vender of similar products and services. The original holder of the trade name had no legal recourse.

The United States Trademark Association defines trademark as "a word (or several words), a name, a symbol, or any combination of these used to identify the goods of a company."

Trademarks are easily protected, but they are just as easily misused. To protect your company's mark, the name must be clearly marked as a registered trademark on it first and most prominent use in all company publications, displays, packaging and materials. The loss of trademark status can be devastating to a business. Protecting its integrity is the responsibility of every employee.

Trademarks registered by the U.S. Patent and Trademark Office are usually identified by the circle "R" next to the name. Using the letters "TM" is an indication that the mark has not yet been approved, but is in the process. This indicates your intent to register the mark.

The trademark was created to protect the consumer from fraudulent business operators who would market an inferior product under the more popular name of another business. Customers would buy the inferior product thinking they were buying the "real" thing.

Much money is spent each year by companies defending trademarks in court. Much money is also spent educating the public that a particular product is a trademark and not a generic term.

Internally, a company can do a lot to protect itself from the loss of trademark status on its products or service. The most obvious means of protecting a trademark is to take to court those who would seek to use your mark without permission from your company. This "after-the-fact" procedure is expensive.

It is far less expensive to survey your company's uses of your trademark to insure it is being properly protected. Take a look at your company's letterhead, envelopes, advertising, packaging, forms, brochures, sales materials and signs. Educate your employees in the proper use of the trademark.

Just as every copier/duplicator is not a Xerox, and every facial tissue is not a Kleenex, not every maker of products similar to yours can use your name to promote its product.

Protecting your trademark is in the best interest of the consumer and in the best interest of your company. This law firm can assist you and your business in protecting your business interests. Please call for an appointment if you require additional information.