Twitter's New Trademark Guidelines: Why Trademark Guidelines are Important

Hello Everyone:

Recently, Twitter revealed its new trademark guidelines regarding the proper use of the Twitter name and trademarks.

Some key terms of the new trademark guidelines are as follows:

1. When users promote their own Twitter accounts, they need to use the proper Twitter logo and ensure the letter "T" in Twitter is capitalized.

2. When mentioning Twitter on TV or any other public forum, users should refer to the company as Twitter and messages as Tweets. Also unless expressly given permission to do so, do not imply an endorsement or relationship with Twitter.

3. Users must not ever manipulate or change the Twitter logo. Furthermore, ensure the Twitter logo is not next to your logo to imply an association.

4. When developing Twitter applications, developers are now forbidden to use Twitter or Tweet in the name of the app.

5. Developers are also forbidden from copying the look and feel of the Twitter website in developing applications and websites.

Twitter's new trademark guidelines were necessary in order for Twitter to protect and manage its brand. Remember a trademark owner can lose trademark rights if the trademark is not controlled and managed. Specifically, a trademark owners has to:

1. Ensure the mark does not become generic (a common name for the goods or services and ceases to function as a source for the goods);

2. Ensure trademark infringers are prosecuted effectively and swiftly. A trademark owner that allows anyone to use their trademark without prosecuting infringers, has a weak trademark. A weak trademark is one that is no longer considered unique to the trademark owner's product or service.

Trademark Guidelines Assist in Brand Management

Trademark guidelines are first steps in alerting the public to the proper use of a company's trademarks and ultimately brand. They ensure the trademark is used properly; forbids impermissable uses or as Twitter states "the lawyers get involved"; and clearly gives direction as to when express permission or a license is needed for use.

Trademark Guidelines are especially important if your brand is entering a partnership with another brand or if your brand is used by multitudes of people.

Does your brand have trademark guidelines in place?

How Does One Lose Their Trademark Rights: Its all about Brand Management

Hello!

I am finally back from San Francisco! I attended PLI's Intellectual Property Law Institute Conference this past Thursday and Friday.  It was awesome! We discussed intellectual property issues in virtual worlds, social networks, and blogs.  I was in IP Nirvana! It was truly great and over the next week, I am going to share with you the latest and greatest in IP Law.  I know you will enjoy it!

Today,I am going to discuss how an individual or entity loses their trademark rights.  The top three reasons are:

1. Failure to prosecute infringers.  I can not tell you how important it is to prosecute (prevent) trademark infringers from unlawfully using your trademark.  If you do not, your trademark is considered weak.   Furthermore, if you take no action to prevent infringers and their use of your trademark is overwhelming, you can lose your trademark rights.  Essentially, your trademark will lose its uniqueness to your product or service.

2. Abandonment by non use or change in the nature of goods or services sold under the trademark.  For example, you register your trademark to uniquely identify plumbing services.  Subsequently, you stop providing plumbing services and you now provide medical testing services. However, you do not change the trademark.   The trademark originally used to identify plumbing services can not and will not identify medical testing services.  You must apply for and obtain a new trademark to identify medical testing services.  Also if you do not actively use a trademark in commerce for 3 years, it is evidence that you have abandoned the trademark. 

3. Genericization of trademark. This happens when a trademark becomes the common name for the goods or services and ceases to function as a source for the goods.  For example, ASPIRIN  is an example of a trademarks that has become descriptive of goods instead of an indication of a source for a particular good.  So we associate Aspirin with the headache medication instead of a brand like Bayer Aspirin.  Genericization of  a trademark can occur if a commercial campaign or promotion is too successful.  A company must takes steps to make sure that their trademark does not become generic.  For instance XEROX Corporation is an example of a company that has prevented its mark from becoming generic.  XEROX used an extensive advertising campaign which informed consumers to "photo-copy" documents with XEROX machines.  Also XEROX constantly used XEROX "Brand" to identify its products.  

Remember its all about brand management.  As a trademark owner, you have to manage your brand to ensure your product is identified correctly, your brand is conveying the correct message, and to prosecute trademark infringers. I hope this information was helpful.  Please leave a comment or email me if you have any further questions.