Many assume that registering a trademark is the hardest step in protecting a brand. In reality, filing the paperwork is the straightforward part. The greater challenge – and the factor that determines long-term protection – is how the trademark is used every day after registration.
Simply registering a mark is not enough. The way a name is introduced and consistently applied from the very beginning shapes whether it remains legally defensible or gradually loses its distinctiveness. Brands that ignore this lesson often discover too late that misuse has eroded one of their most valuable assets.
Key Points:
- Registration is only the first step; correct, consistent use ensures protection.
- Genericide occurs when a brand name becomes a common term.
- Early usage sets lasting patterns for how consumers treat a brand.
- Consistency in usage and symbols strengthens and safeguards trademarks.
Just a heads-up: We are not attorneys and this isn’t legal advice – just helpful info. For specific trademark questions, always consult with a qualified IP attorney.
The Golden Rule of Trademark Usage
The principle is straightforward: a trademark should always function as an adjective, never as a noun or verb.
For example, consider Nike. Correct usage would be “Nike shoes” or “Nike shirt.” Incorrect usage would be “I bought some Nikes.” In the first case, Nike modifies the product as the brand name; in the second, the brand name becomes the product itself. While the difference may seem subtle, every instance of misuse gradually undermines legal protection.
Why This Matters for Your Business
When building a brand, it’s easy to prioritize sales and visibility over technical details of trademark law. Yet the way you use your name from the start sets lasting habits. If you and your team model incorrect usage, your customers, partners, and even the media will follow suit.
Once those patterns take hold, they are extremely difficult to reverse. Correcting misuse after the fact often requires significant time, resources, and reputation management an uphill battle most companies wish they had avoided from the outset.
The Tempting Trap of Verb Usage
It can feel like the ultimate milestone when a brand name becomes a verb. Phrases such as “Just Google it” or “I’ll FedEx that to you” suggest deep cultural influence and widespread recognition. To many, it looks like proof that a brand has “made it.”
However, this kind of usage poses a serious legal risk. When a trademark becomes the generic word for an action or product, it undermines the very protection it was meant to secure. In other words, what looks like a marketing triumph may be a legal setback.
FedEx understands this risk well. While “FedEx this” may sound convenient, the company consistently promotes phrasing such as “Ship this package using FedEx services.” It may be less catchy, but it preserves the distinctiveness and therefore the strength of the trademark.
When Trademarks Die: The Real Cost of Genericide
Ever wonder why certain brand names end up as ordinary terms? This phenomenon is called Genericide and it occurs when a trademark becomes so commonly used that it loses all legal protection. Once that happens, the name is free for anyone to use with no recourse for the original brand owner.
Some well-known examples may surprise you. Escalator was once a protected trademark, but today it’s simply the word for moving stairways. Aspirin began as a brand name before becoming the generic term for pain relievers. Thermos started as a trademark, yet now refers broadly to insulated bottles.
In each case, companies forfeited one of their most valuable assets: A distinctive brand name. Allowing a mark to slip into generic use is not the kind of legacy any business owner wants to leave behind.
The Brands Fighting to Stay Protected
Some of today’s most recognizable companies invest heavily to prevent their trademarks from slipping into generic use. Kleenex continually emphasizes “Kleenex tissue” rather than simply “a Kleenex.” Xerox launched campaigns encouraging people to say “make a photocopy on a Xerox copier” instead of “Xerox this.” Even Google discourages the common phrase “Google it,” preferring “search with Google.”
These efforts may seem minor, but they reflect a crucial reality: Brand names are among a company’s most valuable assets. Losing trademark protection means losing control of that identity, something no brand can afford.
The Importance of First Use
When it comes to trademark protection, your first public use carries significant weight. While legal priority matters, the real impact lies in shaping how your brand will be spoken about for years to come.
By using your trademark properly – as an adjective – right from the start, you set the standard. Customers, partners, and even the media will follow your lead. Conversely, misuse in the early stages creates habits that are difficult, if not impossible, to correct later.
Every touchpoint counts: social media posts, product descriptions even customer communications. Protecting a trademark isn’t about one moment; It’s an ongoing discipline. Building strong habits early ensures your brand remains distinctive for the long term.
What You Can Actually Do About It
The best way to safeguard your trademark is through discipline and consistency. Begin by developing clear brand usage guidelines for your team. These should outline both correct and incorrect applications so that everyone involved in marketing, customer service, and content creation understands their role in maintaining trademark strength.
Monitor how your name is used externally as well. If media outlets or influencers misuse it, consider reaching out with a polite correction. Reinforcing the right habits early can make a significant difference.
Do not overlook the basics: Use the proper trademark symbols ™ for unregistered marks and ® once registered. These small visual cues reinforce that your name is more than just a word; It is a protected brand asset. And above all, never use your own trademark as a verb or a standalone noun in official materials. The way you model usage internally sets the tone for how others will follow.
The Bottom Line
By treating your trademark as an adjective, guarding against generic use and building strong habits from the start, you are protecting an asset that could be worth millions over time. The companies that commit to this practice are the ones still controlling their identity decades later. That level of protection is well worth the effort.
We’d love to chat with you more about trademarks, naming, and the strategy behind your brand. Reach out to us at mike@namestormers.com or ashley@namestormers.com.
Just a heads-up: We are not attorneys and this isn’t legal advice – just helpful info. For specific trademark questions, always consult with a qualified IP attorney.
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Transcription:
Ashley Elliott (00:08):
Well, hello and welcome back to naming in the AI Age. I’m Ashley, and today we’re going to be talking about how to properly use your trademark and why that can make all the difference in protecting your brand.
(00:21):
Most people think that once you pick a name and file it, you’re done,
(00:25):
But in reality, how you use that name plays a huge role in how strong your protection is and how well your brand holds up over time. Let’s start with the basics. How do you use a trademark correctly? Well, a trademark should always be used as an adjective, never as a noun or a verb. What does that even mean? It means the right way to use a brand name like Nike, for example, is Nike shoes or Nike shirt? Not? I bought some Nikes. A lot of clients are tempted to use their brand names as verbs. While this can boost awareness and make the name catch on and feel a little more catchy, it also carries the risk of the trademark becoming generic.
(01:05):
And once that happens, you lose valuable trademark protection.
(01:09):
If a trademark name becomes generic, meaning used in everyday language as the common term for an action or product, you risk losing your trademark rights. For example, if people say, I’ll FedEx this, the word FedEx now has become a synonym for ship, which weakens the trademark To protect it. Always use the mark as an adjective, followed by a noun such as, please ship this package using FedEx Shipping services. When you use your trademark as the product itself or as an action, you actually risk weakening it. The trademark starts to lose its role as a brand identifier and begins to sound like a generic term, and that’s where problems can really creep in. The way you use your market launch is how people will learn to say it, write it, and spread it.
(01:57):
If you start using your name as a verb or noun right out of the gate, that habit sticks and it’s very hard to undo.
(02:05):
That’s why brands like Google, Xerox and Kleenex have had to run campaigns and ads reminding people. You don’t Google it, you search it with Google. You don’t Xerox it. You make a photocopy on a Xerox copier. You don’t hand me a Kleenex. You say Kleenex tissue, your first usage sets the precedence. Do it right and you protect your brand, do it wrong, and you risk eroding it before it’s even had a chance to grow. And that leads us into the bigger danger. Genericide Genericide happens when a trademark becomes the everyday word for the product itself. Once that happens, the mark can actually lose its legal protection. Some of the most famous examples are words we don’t even think of as brands anymore.
(02:47):
Escalator was once a trademark, but it became the generic name for moving stairs.
(02:52):
Aspirin started out as a brand, but it became the generic word for pain relievers. Thermos, same story.
(02:59):
And that’s why big companies spend real money reminding us to use their marks correctly. They know if they don’t, they could lose one of their most valuable assets.
(03:07):
So what’s the takeaway? If you want to protect your brand, always use your trademark properly as an adjective, not a noun or a verb. Remember that first use matters. It sets your legal priority in the habits your customers will follow. Guard against generic side
(03:24):
Because once your name becomes the generic word for something, you risk losing it.
(03:30):
That’s it for today’s episode of Naming In the AI Age. I hope this helps you think more strategically about not just what to name your brand, but how you use it from the very start. Until next time, protect your ideas, protect your name, and keep naming boldly.
