Trademark usage defines how trademarks should be used — but there’s more to it than you might think. Getting trademark usage right isn’t just about following rules: it’s about preserving brand identity. Let’s find out how to walk the line between getting your business name out there, and protecting its usage in the right way.
How Do I Use a Trademark Properly?
Protecting your trademark isn’t just about preventing others from using it — it also requires that you and others use it in the right way. Let’s break down how to handle trademarks properly.
- Use as an Adjective
Trademarks work as descriptive words in sentences. They’re not the thing itself, but rather tell us what kind of thing we’re talking about. When you say “Xerox copier” or “Kleenex tissue,” you’re using these brand names the way they were meant to be used: as modifiers that tell us which specific product you mean.
Getting this right is simple once you know the rule. Instead of saying “I bought some Post-its,” say “I bought some Post-it notes.” Rather than “hand me that Sharpie,” try “hand me that Sharpie marker.”
Companies care about this because when people use trademark names as regular nouns, those trademarks can lose their legal protection—just like what happened to escalator, zipper, and thermos, which were all once protected trademarks.
- Avoid Possessives and Plurals
Keep trademarks exactly as they appear on the label — no extra ‘s’ or apostrophes at the end. Want to talk about more than one Dell laptop? Say “Dell laptops” instead of “Dells.” Need to show who owns something? Rather than writing “Samsung’s newest phone,” write “the newest Samsung phone.”
The only time you should use an apostrophe or plural is when it’s already part of the trademark itself, like McDonald’s, Levi’s, or 1-800-FLOWERS.
This rule exists because adding possessives or making trademarks plural turns them into nouns, and that’s exactly what we’re trying to avoid. When someone says “I love my Nikes” instead of “I love my Nike shoes,” they are treating the trademark like a thing rather than a description. It might seem like a tiny detail, but it’s one of those small changes that helps keep trademarks legally protected and prevents them from becoming generic terms.
- Avoid Using as a Verb
You’ve probably caught yourself saying, “I’ll Uber there,” or “Just Google it”. But turning trademarks into verbs also weakens your trademark and leads to genericide. Instead of “Photoshopping” an image, say “editing the image with Photoshop software.” Rather than “FedExing” a package, try “sending it via FedEx delivery service.”
When people start using a trademark as a verb, it’s usually the first step toward that trademark losing its legal protection. It’s precisely what happened to Xerox, which became so commonly used as a verb that courts decided it had become a generic word. So next time you’re about to use your brand name as a verb, think again.
- Use Consistently
Every time you write or display a trademark, it should look exactly the same way – including all the special formatting. If your brand uses all capital letters, like LEGO or IKEA, stick with that. If you have unique spacing or capitalization, like iPhone or FedEx, keep that too.
Companies spend serious time and money developing these specific ways of writing their brand names, and using them consistently helps reinforce their trademark rights.
- Distinguish in Text
Make your trademark stand out using CAPITALS, bold, italics, or ™/® symbols. For example, write “POST-IT® Notes” or “Post-it® Notes” instead of plain “post-it notes.”
Pick one style and stay consistent – if you start with BAND-AID®, don’t switch to Band-Aid. Keep it noticeable but not distracting – your text should look professional, not chaotic.
- Identify with Symbols
Understanding trademark symbols is essential for proper business practices. The ™ symbol shows a company’s claim to a trademark without registration, while SM indicates the same for services. The ® symbol, reserved for officially registered trademarks, indicates full governmental approval.
Best practice calls for using these symbols sparingly – once per document at the first mention is typically sufficient. While symbol conventions vary by region (French regions use “MD” or “MC,” Spanish markets use “MR”), one rule remains constant: using the ® symbol without proper registration is a legal violation with serious consequences.
Using Trademarks Online
Generative AI and a proliferation of platforms make it easier than ever to share content online, but you can’t let standards slip. The same rules that govern traditional media apply equally to online content — from social media posts to email marketing.
While the internet may feel informal, proper trademark usage remains essential across all platforms. Your digital content should maintain the same careful attention to trademark symbols and formatting you’d use in print.
Why is Trademark Usage Important?
Trademark usage is vital to ensure your trademark remains enforceable: if your trademark replaces a generic term — such as Kleenex replacing tissue or Band-Aid replacing bandage — you may lose the right to your trademarked name, and other brands could use it on their products. Brand genericide means the death of your brand name: your brand isn’t just watered down, it’s evaporated!
Aside from genericide, maintaining consistency in our trademark usage ensures you’ll always be able to prove usage and enforce and renew your trademark. When it comes time, at the fifth and tenth year post-registration, you can show consistent usage of your trademarked assets. What’s more, consistency is always important in branding — by following correct trademark usag, you’ll present a coherent whole to your customers.
Wrapping Up
Like any valuable asset, your trademark needs consistent care and attention across all your business communications. From social media posts to marketing materials, every instance of proper trademark usage builds a stronger legal shield around your brand.
The good news is that protecting your trademark doesn’t have to be complicated. With some basic guidelines and regular attention, you can maintain your trademark’s strength and avoid the pitfalls that have tripped up even major brands.
Want to make sure your trademark is on solid ground? Our Premium Trademark Research services uncover potential conflicts and give you the confidence to grow your brand safely.
FAQ:
Can I use a trademark without permission?
You can only use another company’s trademark for factual references, such as comparing products or referring to compatibility. Any use that could confuse consumers about a product’s origin or imply endorsement requires explicit permission from the trademark owner.
What are the consequences of improper trademark usage?
Improper trademark usage can lead to the complete loss of your trademarked assets, such as in the case of brand genericide when a trademarked name becomes a generic term, free for anyone to use.
Do trademarks need to be used in commerce to remain valid?
Yes, trademarks must be actively used in commerce to maintain their validity. In the US, trademark owners must file proof of continued use between the 5th and 6th year after registration, and then every 10 years, or risk losing their trademark rights.
Can a trademark be enforced internationally?
Trademark rights are territorial, meaning registration in one country doesn’t automatically provide protection in others. However, trademark owners can secure international protection by filing applications in specific countries or using systems like the Madrid Protocol for multi-country registration.
