Trademarks intrinsically involve a forced use requirement, that is, the trademark must be used and used in the correct way. At worst, not using a trademark or using it in the wrong way may result in the loss of registration. The main rule is that trademarks must be used in the way intended when registered. Small changes are allowed, as long as the changes do not affect the mark’s overall impression. However, it is safest to use a trademark in the registered way. The correct use of a trademark is particularly important when the mark is registered as a logo or contains graphic designs. Pure word marks can instead be used in principle in any way.
In addition, it is useful to distinguish a trademark from other text or marketing material in such a way that the target audience perceives it as a trademark. This can be done, for example, by writing the mark with a capital letter or by using the symbols Ô or Ò in connection with the mark. It should be noted that Ò symbol should only be used when the mark is registered in the country in question. For example, if the trademark is only at the application stage, Ô symbol should be used instead.
It is also essential to monitor the use of trademarks after registration and address potential violations in a timely manner. Part IV of our blog series will focus on how to monitor these rights, so stay tuned!