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In addition, trade-mark owners, in order to further drive home the brand identifying characteristics of a trade-mark, normally try to use the trade-mark as an adjective with a descriptive noun following, for example: 'THERMOS® BOTTLE".

A further and perhaps even more specific way of referring to this would be: "THERMOS® BRAND VACCUUM BOTTLE".

Thus Editors ought to be alert to the fact that trade-mark owners want to ensure that their trade-mark is treated as a brand-identifier and only associated with a product coming from them. The following rules are usually recommended by trade-marks owners:

1. Trade-marks are normally capitalized.
2. Quite often an R in a circle ® or the expression "Reg.Trade-mark" is used with respect to registered trade-marks or the abbreviation ™ or other abbreviations with respect to unregistered trade-marks.
3. The trade-mark is normally accompanied by a descriptive term to indicate the generic or ordinary name of the product.

If these simple rules are followed, trade-mark owners will usually be happy and the public will be better informed about the message conveyed by trade-marks.

Special thanks to Brian Gray of Blake, Cassels & Graydon. A donation will be made to the Canadian Committee to Protect Journalists in lieu of an honorarium.


Published in Sources, Winter1993/94


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