Don’t Let Them Become the Generic or Descriptive Name for your Product!
The market in New Zealand is riddled with examples of well-known trade marks being used incorrectly, and resulting in those valuable names becoming part of the general common language.
Here are some examples - no doubt you’ll be able to add to this list:-
Gib Board
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Glad Wrap
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Pink Batts
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Jandals
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Vivid
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Air Points
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Ugg
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Roller Blades
In each case, the important descriptive element has been left off.
The Proper usage should be along the lines of
To retrieve your valuable trade mark from the depths of genericism can be a long and expensive exercise, such as the cost of a year long compliance programme re-educating the public on the proper usage.
The PINK BATTS name was only retrieved after an expensive court case.
So, come up with a good, descriptive statement, as in "AIR POINTS airline loyalty programmes". Use the ™ or ® symbols in conjunction with your trade mark at all times. And finally, refer to your trade mark in capitals where possible.
Do you have a budding idea, brand or startup worth protecting? Talk to the team at MoranLaw Limited today about how you can protect your intellectual property at home and abroad.
