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1. Use a
trade mark as an adjective.
2. Never alter
a trade mark.
3. Always use
the trade mark with a generic term.
4. Distinguish
the trade mark.
5. Identify
trade mark rights. |
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• A trade
mark is an adjective. It is not a noun and it is not a verb.
• Being
an adjective, a trade mark must not be used in a plural or possessive
sense.
• The noun
or noun phrase which the trade mark adjective must qualify is
the
generic name for the product or service.
• The correct
grammatical treatment is frequently overlooked; it is bad trade
mark practice
and, more importantly, damages
the trade mark
itself. |
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• A trade
mark must be used as it is registered.
• You must
not alter the written or graphical form of a trade mark.
• Do
not hyphenate a trade mark at the end of a sentence or change
the case of a trade mark.
• Do not join
two different trade marks with punctuation marks.
• Do not create
plays on words with trade marks. |
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• A trade
mark must always be used in print close to a generic word or
phrase which describes the product, for example:
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•
Quorn, a versatile alternative to meat |
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• Guinness
stout |
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• American
Express, the world’s leading charge card service |
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• Thermos,
the original vacuum flask |
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• A competitor
needs to have a generic alternative to a trade mark to describe
his own product.
• In
printed matter, a trade mark ideally should be followed by its generic
name;
but this can make for cumbersome
reading. Therefore it is
an acceptable compromise to print the trade mark plus its generic
descriptor at an early stage in the copy, perhaps in the heading
or when
it is first shown and subsequently to use either the trade mark or
the generic
alone. |
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• A trade
mark should be treated distinctively in print in such a way that
the
reader
is put on notice that the word is a trade
mark – otherwise the reader will not know that the word is
a trade mark and may be tempted to misuse it.
• There
are numerous ways of indicating that a word is a trade mark,
for example:
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• Quotation
marks – ‘Hamlet’ cigar. |
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• Capital
letters – ZOVIRAX anti-herpetic cream. |
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• Different
typeface – Penguin paperbacks. |
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• Heavy
type – Smirnoff vodka.
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• Colour – Kodak trade dress yellow |
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• Footnote – an asterisk beside the mark and then ‘trade mark’ at
the end of the copy. |
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• A
symbol – ® or ™ |
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• Words – Levi's
trade mark |
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• Identify
the word or graphic as a registered trade mark by using the
word “registered”.
• It is acceptable
to use the ® symbol
to indicate that a word or device is a registered trade mark
or ™ for a pending trade
mark registration.
• Marking a
trade mark is not mandatory in Bermuda but is highly recommended
and
may well be required if the trade mark
is used under
license. |
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