Proper trademark use and trademark marking

Proper trademark use

A trademark should be used in a way that allows it to be immediately recognised as a trademark on a product and its packaging as well as in marketing materials and the like. Otherwise, trademark protection at some point may be forfeited. It is therefore important to follow a few "rules" when using the trademark. How strictly these rules need to be followed depends on the specific circumstances.

• Consistent use: Make sure to always use the trademark in the same way. This means using the same spelling and punctuation for word marks or the same dimensions and colours for logos.
• Use the trademark in a manner similar to an adjective before a noun indicating the goods or services, e.g. RED BULL energy drink or NETFLIX streaming services.

Avoid using the trademark as a singular or plural noun or as a verb.

• Distinguish the trademark from surrounding content, e.g. by writing it in bold or capital letters, in a different colour or font.
• Mark your trademark as a trademark by using generally accepted symbols (e.g. ®). See further details below.

Proper use manual

Prepare a manual documenting the correct use of a company's trademarks ("brand manual"). This manual will ensure uniform use of the mark within and outside the company, e.g. on labels, on the website, in advertising, on technical data sheets, etc.

The manual clarifies graphic standards for the proper use of:

• fonts
• sizes
• dimensions
• colours
• marking
• positioning

Trademark marking

Marking symbols help to identify trademarks and to clarify that your company considers a certain sign to function as your trademark. The following symbols are commonly understood symbols to identify trademarks in many countries:

• ®: This symbol generally indicates that the trademark is registered in the country in which the products are sold or the services are provided.

In some countries, use of ® might be considered misleading if the trademark is not (yet) registered in the relevant territory. Therefore, it is important to carefully research the respective rules for each country before using the ® symbol in connection with the trademark.

• ^TM: This symbol also can be used in connection with unregistered or not yet registered trademarks but may also be used for registered trademarks. It indicates to the public that a sign is intended to function as a trademark of a specific entity.

These symbols should be placed on the upper right corner of the trademark.

It is not necessary to use the symbol in advertising or technical data sheets each time the trademark is mentioned. In such cases it is recommended to include the marking symbol when the trademark is used most prominently and/or the first time it is used.

In longer publications or on websites it is a good idea to additionally use footnotes that indicate that specific signs are trademarks using the following text: "XYZ is a trademark of XYZ AG" or "X, Y and Z are trademarks of XYZ GmbH".

Summary and recommendations

• Protect your trademarks by adhering to the rules for proper use of trademarks.
• Ensure proper use of your trademarks by providing an adequate trademark use manual and train your employees accordingly.
• Use trademark marking. Be aware of different national rules for trademark marking in different countries.
• Document proper use of your trademarks in a continually updated use archive (see our blog)
• Also consider trademark registration (see our blog) and trademark monitoring (see our blog) to protect your trademarks.

authors: Gudrun Irsa-Klingspiegl, Michael Woller