What do the words aspirin, escalator, cellophane and shredded wheat have in common? They are all former trademarks that have entered our language as product names. These words have lost their status as trademarks and are now generic terms. Other examples of former trademarks include harmonica, linoleum, raisin bran, thermos and milk of magnesia. In each of these cases, a business lost its exclusive right to use a valuable trademark.

Here are some steps that your business can take to prevent this from happening to your trademark.

• Use your trademark as a proper adjective that describes your product. You'll notice that ads refer to a Xerox copier, Jell-O gelatin and Band-Aid adhesive strips. If people continue to use the words Xerox, Jell-O and Band-Aid alone, these marks can easily go the way of other trademarks like nylon, mimeograph and yo-yo.

• Always capitalize the first letter of your trademark. And at some place on each ad or package, say specifically that the trademark is owned by your company.

• If your trademark has been placed on the federal trademark register, consistently give notice of that fact by using the - symbol. If a trademark isn't federally registered or is registered only by a state, you may use the letters "TM" or "SM" to give notice of your claims. You may not use - unless your mark is in fact on the federal register.

• Take prompt legal action if other businesses use your trademark without permission. A trademark may become weakened or even generic if others use it to describe their products and you do nothing about it. You or your lawyer should send a letter by certified mail (return receipt requested) demanding that the infringement cease. If your demand is ignored, be prepared to go to court to seek an injunction - but first do a careful cost/benefit analysis to satisfy yourself that it's worth the expense.

• If you discover that a newspaper or TV program has improperly used your trademark, send them a letter. Keep a copy in your records as proof that you have consistently enforced your trademark rights.

Excerpted from the "Legal Guide for Starting and Running a Small Business" by Fred S. Steingold
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