Journalists consistently struggle in their work with some of the nuance of trademark law. Here are some tips to help journalists with proper trademark terminology, concepts and issues:
- Be very precise about the language, about what the status of something is, and what it means.
- Having a trademark doesn’t mean that you have a trademark registration—it doesn’t even necessarily mean that you have a trademark application.
- Having a trademark application doesn’t mean that you have a registered trademark—it just means that you have an application. Until it’s registered, it could be challenged, it could be denied, and it doesn’t enjoy all the benefits of a registration.
- You don’t “trademark” something. You “apply to register” something with the USPTO, and then it hopefully becomes a registered trademark.
These differences may sound nit picky, but they have very different meanings. If you don’t use the appropriate language, it muddies the story and it can be misleading. Be careful about the language, be careful about the actual status.
- Is it a common law trademark, meaning that there’s no registration of it?
- Is it a pending trademark application?
- Is it a registered trademark?
- Who was it registered by?
- Is it being challenged at the USPTO?
- Is it being challenged or litigated in court?
- Was there a threat to go to court or is something actually filed and pending in court?
All of these things have significant meanings and differences that are important in the world of trademark law. I understand that it’s not easy to write a story about a legal subject, but it is important to get it right and be accurate. I have responded to and helped many journalists over the years provide information or untangle a complex trademark issue. If you are a journalist and have any questions, feel free to reach out to us.
