Dictionary And Style Guide Letter Template

[Date]

Editor [address]

Re: Misuse of [ ] Trademark in [ ] Publication

Dear [Editor]:

I represent [insert company name] in connection with their trademark-related matters. [company name] is the owner of the trademark [ ], which is registered in [country/registration number] in connection with [goods/services]. A copy of the registration certificate is attached for your reference.

[company name] recently became aware of the inclusion of the [ ] trademark in your [ ] dictionary/style guide as a generic word, rather than as a trademark attributed to [company]. I enclose a copy of the page on which the trademark appears in your publication for your convenient reference.

While I am sure that the inclusion of the [ ] trademark in your publication in this manner is an oversight, [company] is concerned about maintaining its rights in its valuable trademarks. As you may know, many well-known manufacturers and service providers have undertaken significant advertising campaigns, directed towards informing the public that certain trademarks are the property of these companies, and not available for public use. Unfortunately, many words in common use today were once proprietary trademarks in the United States. Aspirin, corn flakes, yo-yo and escalator are examples of marks which have been declared generic by United States courts. This happens when a trademark, over time, becomes synonymous with all products of a given kind, e.g. escalator has become the generic term for any moving staircases manufactured by ANY escalator manufacturer and is no longer considered a source-indicator or brand name. If a trademark becomes generic, the owner loses the right to the exclusive use of the trademark, and that is a marketing disaster which is the ultimate fear of every trademark owner. If a trademark is identified as a non-proprietary term in a dictionary or an article, a court may view this as evidence that the trademark has become a generic term. Thus, dictionary entries and improper trademark use in articles may ultimately affect the rights of trademark owners. If a dictionary or article fails to note the fact that an entry has trademark significance, this may mislead a reference work’s readers, as well as prejudice the position of the trademark owner.

In this case, when properly used, the [trademark] should be capitalized, used with the ® symbol and followed by a noun, such as [ ]. In addition, any reference to the [trademark] should be attributed to [company]. We ask you to please advise your copyeditors of this correction and make appropriate updates in your publications. Thank you for your assistance, which is appreciated. Please feel free to contact me at the number below if you have any questions or if you would like to discuss this matter further.

Sincerely,

[Attorney] Direct phone:

Enclosures

2 1715547.1