What are the basic rules for using a trademark properly?

• DON'T use a mark as a noun. Always use a mark as an adjective followed by a noun. For example, KLEENEX tissue.
  


• DO distinguish the trademark portion of the phrase from other text by using all capitals, quotations, different fonts or colors, or at least by using initial caps. For example, a "SCHWINN" bicycle. The fact that you are claiming trademark rights to a product name can be further underscored by placing a small "TM" following the mark. Only those with federally registered marks are entitled to use the "®" notation.
  


• DON'T use a trademark in a possessive form, unless the mark itself is possessive. For example, JOHNSON'S baby oil.
  


• DON'T pluralize a trademark. Instead, the common noun should be pluralized. For example, two "SCHWINN" bicycles rather than two "SCHWINNS."
  


• DON'T use trademarks as verbs. Xerox, for example, runs ads pointing out that even Xerox can't xerox.
  


• DO use your trademark on your goods or their immediate packaging. A trademark must be affixed to the goods or their immediate packaging (shrinkwrap hang cards, hang tags, printed on the product itself, jewel box labels, corrugated boxes, name plates, etc.). Use of a trademark on stationery, advertising materials, packing lists, assembly instructions and the like is NOT sufficient. There are some major exceptions to this rule:
  


• If sales are made by use of an Internet web site, a direct mail catalog, sample book, or other point of sale display, use of the mark in these contexts can yield trademark rights provided: (i) there is a photograph or drawing of the goods (ii) the mark is used in close proximity to the picture, and (iii) there is a means of placing an order provided, such as an order form, phone number, or e-commerce capability.
  


• If your trademark is used to offer services, not goods, then obviously affixing the mark is not possible. In that case, use of your mark in an advertisement of your services is sufficient.

Which trademark notice is proper, "TM", "SM" or "®"?

• Use of "®". If your trademark is fully registered with the U.S. Patent and Trademark Office, you should always use the "®" superscript. We often work directly with clients and their ad agencies to modify this practice on specific ad copy to reduce the cluttering effect of such notices. There are other forms of notice that are acceptable (such as "Registered in U.S. Patent and Trademark Office," "Reg. U.S. Pat. & Tm. Off.," or "ABC is a registered trademark of the ABC Corporation").

• The U.S. Trademark Act requires such actual notice of the registered status of your mark in order to recover damages.

• Use of "TM" or "SM". Anyone claiming trademark rights in a word or logo that is not federally registered for the goods may use the "TM" or "SM" superscripts. "TM" should be used as a notice for a mark used on goods and "SM" should be used as a notice in advertisements offering services under a mark (a service mark).