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ARTICLE · 21 MAY 2014

Time To Break Some Trademark Rules In 2014

The increasing practice of brand owners deliberately disrupting their own logos demonstrates that strong brands can be flexible, fluid and living.

United StatesIntellectual Property

The increasing practice of brand owners 'verbing up' their own marks and in some cases deliberately disrupting their own logos demonstrates that strong brands can be flexible, fluid and living.

Under the traditional rule of proper trademark use (also known as the ACID test), brands must be used:

  • as adjectives;
  • in a consistent manner;
  • with an identification or symbol indicating whether the mark is registered; and
  • in a distinctive or attention-grabbing manner. While this standard works for many brands, the first two elements – using brands as adjectives only and in a consistent manner – are too restrictive when it comes to strong brands.

Beyond adjectives

Recent trademark usage trends suggest that there are ways that strong or well-known brands can use their marks as a noun or verb without substantial risk of genericide. A number of companies have used their key trademarks as verbs in advertising campaigns without suffering any apparent genericide

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