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ARTICLE · 12 APRIL 2013

A Primer On Policing Your Trademark

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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A discussion on how to protect a marks' value in five steps.

United StatesIntellectual Property
Benjamin Wagner
Benjamin Wagner
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Five steps to protect a marks' value

Trademark owners have a duty to police their mark.  This applies to all types of marks – brand names, slogans, color, product shapes, or even a smell.  The cost of dropping the ball on this duty can range from a bar on future enforcement of your rights against a particular company to a complete loss of all trademark rights.  As a practical business reality, the value of marks that are not policed and their associated goodwill are always in danger.

This duty includes policing (1) for unauthorized uses of a mark, (2) for uses of confusingly similar marks, and (3) uses by approved trademark licensees.  This blog post covers the first two types.

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