Trademark Usage: Treat Brands as Adjectives

WHY IT EXISTS: Trademarks exist to identify the source of goods and services and to prevent consumer confusion. If a brand name becomes a generic term for an entire category, the owner loses exclusive rights. The legal rules for trademark use in copy were developed to keep marks distinctive and to prevent unauthorized parties from free-riding on a brand's reputation or misleading consumers about affiliation.

THE MENTAL MODEL: Think of a trademark as a spotlight that should illuminate a specific product, not the entire room. It is an adjective that modifies a noun, not a noun itself and certainly not an action. Just as you would not say you are rollerblading in formal documentation if you wanted to respect the mark, you treat the brand as a descriptor that points to a specific source.

HOW IT WORKS: Always distinguish the mark from surrounding text using capitalization, bold, italics, color, underlining, quotation marks, or a stylized format. For unregistered marks, place the superscript ™ symbol on the first and most prominent use on the goods, packaging, or advertising material. For registered marks, use the superscript ® symbol or other registration notice instead. Always maintain consistent spelling, punctuation, and spacing. Use the mark as an adjective modifying a noun, such as LEGO bricks or KLEENEX tissues. Never use it as a verb, so you are using a XEROX copier, not xeroxing. Never use it in the possessive form unless the mark itself is possessive or it functions as a trade name. When referencing a third party's mark without consent, use only what is necessary to identify the owner and its products, and never suggest affiliation, sponsorship, or endorsement.

WHEN TO USE IT: Apply these rules in all published materials where your own marks or third-party marks appear, including product copy, user interface text, technical documentation, packaging, and marketing collateral. Use the ™ or ® notice on the first and most prominent use in each piece of material.

WHEN NOT TO USE IT: Do not use a third-party logo when a simple word mark would sufficiently identify the product. Do not use a third-party mark in a way that suggests affiliation, sponsorship, or endorsement. Avoid using your own mark as a noun or verb even in informal copy, because inconsistent use weakens the mark's legal distinctiveness over time.

ONE CANONICAL EXAMPLE: Suppose your technical documentation describes making copies and shipping packages. The wrong way writes "we are xeroxing and fedexing the deliverables." The right way writes "we are using a XEROX copier and mailing the package with FEDEX delivery service," using the marks as adjectives, setting them apart with capitalization, and avoiding any implication that the brands endorse your product.

Source: inta.org