by GGMARKThe proper use of marks is crucial, in any campaign to acquire, register, or maintain them. Proper use preserves a mark's ability to identify the origin of products or services, and increases the mark's potential for "secondary meaning." Proper use minimizes the likelihood that a mark will become generic, or be abandoned, unintentionally, by its rightful owner. Proper use also strengthens trademark registrations, and overcomes defenses raised in trademark litigation. The most compelling point to remember is that trademark rights are based upon use. For this reason alone, anyone who cares about her mark, will want to use it properly, and will want others to do so as well.
The following guidelines for proper trademark use apply equally to business documents; correspondence; advertisements; promotional material; displays; packaging; product labels; signs; dictionaries; Web pages, and other media, containing, discussing, or describing, marks.
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