FAQs – Trademark
What is a trademark?
A trademark is a word, name, symbol or device that identifies goods or services (a service mark) of one company and distinguishes them from the goods or services of others. Trademarks and service marks may also consist of the shape of the goods or package, slogans, colors or any combination of these.
A trademark is a proper adjective that modifies a generic name of a product. As a proper adjective, it should always be capitalized. For example “Kleenex” is a trademark and “tissue” is a generic name. A trademark should never be used as a noun or verb. The Xerox Corporation fights to preserve its trademark by discouraging the use of the name of the company’s trademark products as nouns or verbs. It is inappropriate to say “make a Xerox”, or “Xerox the document” and the company’s advertising seeks to correct the public from such misuse. Some examples of words that were once trademarks but became generic names through usage as nouns are: “aspirin”, “shredded wheat” and “escalator”.
A company acquires rights is a trademark or service mark once the mark is applied to goods or services. Using a mark in advertising, on business cards or the like is not enough.