Bernstein & Associates

Attorneys At Law, P.C.

6600 Peachtree Dunwoody Road, N.E.
Embassy Row 400,
Suite 495

Atlanta, Georgia  30328-1649

(770) 671-1755

 

Intelligent Innovation Managementsm

 

TRADEMARK USAGE GUIDELINES

1.      Always use “xxx™ <product name>” or “xxx™ brand products”. Never use a trademark without following it by the common name for the products. Trademarks are proper adjectives, not nouns.

2.      Always capitalize at least the first letter of the mark; i.e., “XXX”, or “Xxx”, never “xxx”.

3.      Never use it in the plural or possessive forms. Do not say “xxx’s.”

4.      Never abbreviate a trademark, use it as is.

5.      Use the “™” or “®” symbol notice when the reference is to a product manufactured by Zzz, Inc.; e.g., “Zzz™ XXX™ <product name>.” Do not use the notice when the reference is to the company, e.g., use “Zzz, Inc. develops diagnostic products,” not “Zzz products.”

6.      In printed matter of all types the generic name should accompany the first or most prominent use of each mark on the page and should appear in lower case letters; but it should be used often enough to make it obvious that the trademark is not the generic name.

7.      Federally registered trademarks should carry both the “®” symbol on the shoulder or heel of the trademark, and a notation that the mark is owned by Zzz, Inc. You can place the notation on the page in which the trademark occurs or at the front or back of a brochure.

8.      Appearance of trademark notices should conform to the following placement guidelines:

A.  Advertising catalogs, brochures, information manuals, etc. – first or most prominent use on each page of ad. Notice need not be repeated each time the trademark is used on the page.

B.   Labeling – whenever the trademark is used on a label, container, decal, etc. and when it is cast or stamped directly on the product.

C.  Products lists – use in all instances. Easiest way to lose a trademark is to use it as the name of a product on an issued product list.

D.  Press releases and other publicity – in the title and the first use.

E.   Package design – with the most prominent use of the mark, and optionally with all uses.

F.   Scientific and technical papers – first use of the mark in the paper.

G.  House organs, annual and quarterly reports – first or most prominent use of each trademark on each page.


9.      Our trademarks should never be joined to other words, neither as one word or by hyphen; e.g., do not use “MY-xxx”.

10.        For practical considerations the “™” or “®” symbols need not be used with the company name or trademarks in individual letters or telex messages. But it should always appear in mass communications.

If you have any questions or need to have us review a particular document prior to finalization and/or printing, feel free to give us a call or to send it to us. We will review it quickly and do our best to meet your deadline.