Maintaining what you registered.
WHY USE MATTERS
Marks can be vulnerable to cancellation if not genuinely used.
WHAT GENUINE USE MEANS
Actual commercial use, for the registered goods or services.
WHAT TO KEEP
Evidence of use: dated materials, invoices, packaging, advertising.
WHY
You may need to demonstrate it.
WHAT TO DO CONSISTENTLY
Use the mark as registered.
WHY
Substantially altered use may not count as use of the registered mark.
WHAT SYMBOLS MEAN
One indicates a registered mark Another indicates a claim to an unregistered mark
WHAT TO BE CAREFUL WITH
Using the registered symbol before registration is granted.
WHY
It may constitute a false representation.
WHAT TO DO WHILE AN APPLICATION IS PENDING
Use the unregistered indicator.
WHAT TO AVOID
Using the mark as an ordinary noun or verb.
WHY
Marks that become the generic term for the product can lose protection.
HOW TO PREVENT IT
Use it as an adjective alongside the generic term.
WHAT TO MONITOR
Whether others are using similar marks.
HOW
Periodic searching of registers and the market.
WHAT TO DO ABOUT INFRINGEMENT
Address it, rather than tolerating it.
WHY
Tolerated infringement weakens the mark over time.
WHAT TO CONTROL
How licensees and distributors use it.
WHAT TO DOCUMENT
Any permission granted, in writing.
