Correct Use of Mark. A critical and often misunderstood element that an owner of a trademark must possess in order to secure and maintain registration is his ability to clearly demonstrate that the mark, which is the subject of an application, is in fact used to distinguish his wares or services from all others. In order for a mark to be used to distinguish, the mark must be so prominently displayed on the products themselves that the ordinary consumer knows the product by its name and not the name of the manufacturer. The best way to demonstrate this principle is by way of example. Go to your fridge and take out any Kraft product. Now look at the label. Notice the word Kraft is prominently displayed in red. In smaller print near the bottom you should find the phrase "® Trademark of Kraft Foods Inc.". The consumer has just received public notice of the claim to ownership of this mark.
Posted on: Fri, 16 Aug 2013 03:30:28 +0000
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