A comprehensive book on trademarks, including sample filings. Because trademark rights in the U.S. are based on use, when a trademark is not used or is used incorrectly, even for a relatively short period of time without justification, the mark may be deemed abandoned. Once abandoned, others may adopt and use the mark.
Trademarks benefit both trademark owners and consumers by indicating the source of a product or service and distinguishing the product or services from those of competitors. Trademarks help owners establish goodwill in their company and in their product and services. Consumers are protected because trademarks help them identify the quality of a good or service associated with a trademark.
The trademarks of your company are valuable assets of your business and should be treated with care. If your trademarks are misused, your business could lose the exclusive rights to use these marks. Due to misuse, some once-famous marks are now common, everyday terms used to identify products generically, rather than the sources of those products, and the owners of those marks have been essentially striped of their trademark rights, e.g., aspirin, harmonica, linoleum, escalator and zipper.