RICHARD A. RYAN

PROPER USAGE OF TRADEMARKS

Some general trademark usage rules are:

    a.    The trademark should be used as a trademark, not as a descriptive term (this is
the problem Xerox and Kleenex have - people calling the product, either the copy
machine or the facial tissue, by the trademark name).

    b.    The trademark must be used in a consistent form.  Marketing personnel and
others should avoid materially altering the way the trademark looks in different
advertisements or advertising mediums.

    c.     The trademark should be used as an adjective, not as a noun or verb, and it
should only be used to identify the goods or services being offered.  Plural or
possessive forms of the trademark should also be avoided.

    d.     The trademark should be capitalized, or otherwise set-off, or at least the first
letter of each word in the trademark should be capitalized to distinguish it from the
surrounding text.

    e.      The appropriate symbol should be used to identify the trademark.  
Unregistered trademarks should include the ™  or ℠ symbol.  Registered trademarks
should use the ® symbol.  (Note that it is unlawful to use the registered trademark
symbol if the trademark is not in fact registered with the U.S. Patent and Trademark
Office.)

    f.       The trademark should only be used to identify those goods or services that
"belong" with the trademark (i.e., not for other goods or services).  Indiscriminate use
of the trademark to identify other goods or services can jeopardize its validity.

ATTORNEY AT LAW