Grammatical Rules When Using Marks at Law Glossary
What is it? Failure to use the proper grammatical rules when using a trademark may result in the mark becoming generic, and thereby loosing all its protection. Specifically, it is very important to always use the mark as if it were an adjective, and never use it as a noun. For example, do not allow marketing material to read, Aurora is the best cat litter on the market. Instead say, Aurora brand cat litter is the best on the market, or even Aurora cat litter is the best.... This may seem a ridiculous distinction to some. However, the consequences for dismissing this advice are great. If your mark is challenged on the basis that it is generic, you will have a much harder time arguing that it is not generic when you have treated your mark as if it were a class of goods, rather than a single brand in a class of goods.Legal Definition Added By: Tyler
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