Category: Trademark

Let’s talk about something that doesn’t get mentioned enough when launching a new brand: your domain name and social media handles.

As trademark professionals, we often work with clients who are excited to protect their brand name. They’ve picked something unique, they’re ready to grow their business, and they come to us to file their trademark. But surprisingly often, they haven’t secured the matching domain name or social media handles yet. And unfortunately, by the time the trademark is filed, it’s sometimes too late.

Here’s why it matters more than you think.

Once You File a Trademark, the Name Is Public

The moment a trademark application is submitted, the name becomes publicly searchable in the USPTO (or other trademark office) database. That means anyone can see it—including people who track new filings and buy related domains or social media handles before the business owner gets around to it.

Yes, this really happens. Some people make a business out of it. They’ll register your name as a .com or grab the Instagram handle, hoping you’ll come knocking and offer to buy it back for a few hundred—or a few thousand—dollars. Others just like collecting domains with potential value.

“But I Have the Trademark… Doesn’t That Give Me the Domain Too?”

Unfortunately, no. A registered trademark protects your brand name in connection with your products or services—but it doesn’t give you automatic rights to a domain name or social media handle, unless you secure them separately.

Domains are first come, first served. The same goes for Instagram, TikTok, YouTube, and other platforms. If someone gets them before you do – even if they’re doing nothing with the name – it’s theirs.

Reclaiming a domain name can be expensive and time-consuming. And when it comes to social media handles, it’s even trickier. Platforms aren’t always helpful unless there’s clear trademark infringement. If the person using your handle isn’t impersonating you or harming your reputation, they usually won’t do anything.

We’ve Seen It Happen

Just recently, we had a client who had her eye on a specific domain for months. It was available, but she didn’t buy it because she thought it could wait. As soon as we filed her trademark application, someone else scooped up the domain. It was just bad timing and, sadly, a missed opportunity.

She now has to use a different domain—and no, the original owner isn’t willing to sell. It’s frustrating, and we understand why. But it could have been avoided with one small step early on.

What You Should Do Before Filing

Here’s what we recommend to every client before we submit a trademark application:

1. Buy the domain.
   As soon as you settle on a name you like—even if you’re not 100% sure—go register the .com version (and any others you want). You can buy a domain for $10–$20, and it’s worth every penny just for peace of mind.
   

Pro tip: It’s also smart to grab a few common misspellings or sound-alike versions of your name. For example, we own both trademarkangel.com and trademarkangle.com because people often mistype our name. If your brand is called “Sunny Sips,” you might also want to buy sunnysip.com or sunisips.com—just in case. Redirecting those to your main site helps catch any lost traffic.

2. Grab your social handles. Even if you’re not ready to launch on Instagram or TikTok, go ahead and claim the usernames that match your brand. It’s free and takes just a few minutes.
3. Be consistent. Try to keep your domain and handles as close to your brand name as possible. The more consistent you are across platforms, the easier it is for customers to find you.
4. Act fast. Don’t wait for your trademark to be approved. The moment you’ve chosen a name, start locking things down. Delays can cost you.

This Is Part of Building a Brand

Filing a trademark is an important step—but it’s just one part of protecting your brand. Your online presence is just as important these days. Imagine launching a business and having to explain to customers that your website is the-real-brandname.com because someone else took the clean, simple version.

The truth is: securing your digital presence early makes everything smoother later. It avoids confusion, keeps your brand professional, and protects you from unnecessary costs.

At Trademark Angel, we’re here to help you register and protect your trademark. But domain names and social handles? Those are in your hands. Take action early—it’s one of the best decisions you can make when starting or rebranding a business.

Need help with your trademark strategy? We’re always happy to help—just reach out.

Trademarks are a big deal for businesses. They help protect brand identity and ensure that customers associate a product with a specific company. But what happens when a brand name becomes so popular that people start using it as a generic term for an entire product category? That’s called “genericide,” and if that happens, you may lose your trademark rights.

In this article, we’ll take a look at some famous cases of genericide and how companies can avoid it.

What is Genericide?

Genericide happens when a brand name becomes so common that it stops being associated with a single company. Instead, it turns into a general/generic term for all similar products. Once that happens, the company can lose its exclusive rights to the trademark, meaning competitors can use the name too. Every company should ensure that it doesn’t lose its trademarks rights. How? Read on, to learn at the end of the article.

Famous Cases of Genericide

1. Aspirin (Bayer)

Aspirin was originally a brand name owned by Bayer for acetylsalicylic acid, a pain reliever. But as more people used the word “aspirin” to describe any pain medication, the name lost its trademark protection in several countries, including the U.S. Today, Bayer still owns the trademark in some regions, but in many places, “aspirin” is just a common word for pain relief. And how do you call your pain relief pills? I bet you, it’s Aspirin!

2. Escalator (Otis Elevator Company)

Otis Elevator Company coined the term “escalator” for its moving staircases. But the word became so popular that people started using it generically to refer to any moving stairs. In 1950, a U.S. court ruled that “escalator” had become generic, costing Otis its trademark. Try to remember another word to replace “elevator”!

3. Thermos (Thermos LLC)

Once a registered trademark, “Thermos” referred specifically to a brand of vacuum flasks. Over time, however, people started using the term for any insulated beverage container. By 1963, a U.S. court determined that “thermos” had become a generic word, stripping the company of its exclusive rights. Now, all vacuum flasks are simply called “thermos”.

4. Kleenex (Kimberly-Clark) – A Close Call

Kimberly-Clark has spent years fighting to keep “Kleenex” as a trademark, even though many people use it as a generic term for facial tissues. The company actively corrects improper usage and runs marketing campaigns to remind consumers that Kleenex is a brand, not just a type of tissue. So far, these efforts have helped maintain its trademark status. However, if you have a runny nose, do you ask for a “Kleenex” or for a tissue?

5. Xerox (Xerox Corporation) – A Success Story

“Xerox” has often been used as a verb meaning “to photocopy,” which put the company’s trademark at risk. To prevent genericide, Xerox ran aggressive marketing campaigns urging people to say “photocopy” instead of “xeroxing.” Their efforts paid off, and they successfully kept their trademark.

6. Zipper (B.F. Goodrich)

The term “zipper” was originally a trademark owned by B.F. Goodrich for a brand of boots with a fastening device. However, the name quickly became associated with any fastening mechanism of this type, leading to the loss of trademark protection. I can’t even come up with an alternative name for a “zipper”, can you?

7. Cellophane (DuPont)

DuPont originally held the trademark for “Cellophane,” a transparent wrapping material. However, widespread use of the term to describe any type of plastic wrap led to its genericization, and the company lost its exclusive rights.

8. Band-Aid (Johnson & Johnson) – A Close Call

“Band-Aid” is often used to refer to any adhesive bandage, but Johnson & Johnson has actively worked to maintain its trademark status. The company ensures that advertisements refer to their product as “Band-Aid brand bandages” to reinforce the brand distinction. Do you notice what the company did? They use their trademark before the descriptive, not instead of it!

9. Velcro – A Defensive Approach

Velcro, known for its hook-and-loop fasteners, has fought hard to prevent its brand name from becoming generic. The company even released a humorous public service announcement urging people to refer to the product as “hook-and-loop fasteners” instead of “Velcro.”

10. Google – A Brand at Risk

Google has become synonymous with online searching, with many people using “Google” as a verb (e.g., “Just Google it”). This widespread usage puts the brand at risk of genericide. While Google actively discourages generic use by promoting phrases like “search with Google,” the company must continuously protect its trademark to prevent it from becoming legally generic.

How to Protect Your Trademark from Genericide

If a brand name becomes too widely used, it risks losing its legal protection. Here are some ways to prevent that from happening:

1. Use the Trademark as an Adjective, Not a Noun or Verb

Example: Say “Kleenex brand tissues” instead of just “Kleenex.”

Example: Say “check on the Google search engine” instead of “Google it.”

2. Educate Consumers and the Media

Use advertising and disclaimers to remind people that your trademark is a brand name, not a generic term.

3. Monitor and Correct Improper Usage

If you see your trademark being misused, take action. Send correction requests to media outlets and even legal notices if needed.

4. Create a Generic Term for Your Product

Encourage people to use a generic term alongside your brand (e.g., “Kleenex tissue ” instead of just “Kleenex”).

5. Register Different Versions of Your Trademark

Protect variations of your trademark to stop competitors from slightly altering your brand name and using it.

6. Use Trademark Symbols and Distinct Formatting

Always include the ® for a registered trademark or ™ symbol for a pending trademark, when mentioning your trademark in branding and marketing materials.

Distinguish your trademark from surrounding text by using bold, italics, capitalization, or a unique font style to reinforce its brand identity.

Conclusion

While it’s great for a brand name to become popular, losing trademark protection can be disastrous. Genericide is a real risk, but companies that actively protect and educate consumers about their trademarks can avoid it. If you’re worried about your brand name becoming too generic, take proactive steps to keep it protected.

Need help safeguarding your trademark? Contact Trademark Angel for expert guidance!

If you’ve ever wondered about the phrase “use in commerce” when registering a trademark, you’re not alone. It’s an important concept in U.S. trademark law, but it doesn’t have to be confusing. Let’s break it down in a way that’s easy to understand.

What Is “Use in Commerce”?

In simple terms, “use in commerce” means using your trademark in actual business activities, especially ones that cross state or national borders. For a trademark to qualify for federal protection, it must be tied to goods or services that are sold or advertised across state lines or internationally.

Think of it like this: owning a trademark isn’t just about coming up with a cool name or logo. You have to use it in real business transactions.

Why Is “Use in Commerce” Necessary?

The U.S. trademark system is built on the principle that trademarks should represent real businesses actively serving customers. This ensures fairness by preventing people from registering trademarks they don’t intend to use. It also helps businesses protect their brands in competitive markets.

What Counts as “Use in Commerce”?

There are different ways to meet the “use in commerce” requirement depending on whether your business sells goods or provides services. Here’s how it works:

1. For Goods (Products):
   -Your trademark must appear on the product itself, its packaging, or its label.
   -The product must be sold or transported in a way that impacts interstate commerce. For example, shipping your branded candles to customers in another state qualifies.
2. For Services:
   Your trademark should be visible in ads, websites, or other promotional materials that customers see.
   The service must reach customers in more than one state or otherwise affect interstate trade. For instance, offering online tutoring to students across the U.S. counts.

Examples of “Use in Commerce”

Here are a few examples to make things clearer:

1. Product Example: A clothing brand sells T-shirts with its trademarked logo online and ships them to customers in different states. This qualifies as use in commerce.
2. Service Example: A marketing agency advertises its services on a website and works with businesses nationwide. This also meets the requirement.
3. Doesn’t Count: A bakery that only sells locally without advertising or shipping across state lines might not meet the federal standard.

What About “Intent to Use”?

If you haven’t started using your trademark in commerce yet, you can file an Intent-to-Use (ITU) application. This lets you reserve the trademark while you prepare to launch your business. You’ll need to submit proof of actual use later to finalize your registration

How to Prove “Use in Commerce”

When you apply for a trademark, the U.S. Patent and Trademark Office (USPTO) will ask for proof of use. This proof is called a “specimen,” and it shows how your trademark is being used in the real world.

1. For Goods: A photo of your product with the trademark on the label or packaging works as evidence. For example, a bottle of shampoo with your brand name on the label would qualify.
2. For Services: Screenshots of your website or ads featuring your trademark and describing your services are acceptable. For instance, an ad showing your graphic design company’s logo and contact details would work.

Common Mistakes to Avoid

1. Token Sales: Making one sale just to meet the requirement isn’t enough. The USPTO looks for ongoing and genuine business activity.
2. Internal Use: Using a trademark only within your company (like on internal documents) doesn’t count.
3. Pre-Launch Use: Advertising or prototypes that don’t involve actual sales or services don’t qualify as use in commerce.

Why It Matters

Meeting the “use in commerce” requirement ensures that trademarks are given to businesses actively contributing to the marketplace. This protects both businesses and consumers by:

1. Strengthening your legal claim to the trademark.
2. Helping customers associate your brand with your products or services.
3. Preventing others from claiming rights to your brand.

Final Thoughts

“Use in commerce” is an essential step in registering a trademark, but it’s not as complex as it seems. As long as your business is actively selling goods or providing services across state lines or internationally, you’re likely meeting the requirement.

If you’re unsure about whether your trademark qualifies or need help navigating the application process, consulting a trademark professional can save you time and effort. Protecting your brand is an investment in your business’s future—and understanding “use in commerce” is the first step.

If you’re still unsure, feel free to reach out to us. We’ll help you navigate the trademark landscape and ensure your brand gets the protection it deserves.

Filing a trademark application in Canada involves meticulous attention to detail to ensure that your application is accurate and complete. Below, we outline the key elements you need to confirm before submitting your application and provide insights into the Canadian trademark filing process.

Key Elements to Confirm Before Filing

1. Trademark Owner Information:
   Verify the name and address of the trademark owner. Ensure that the legal entity or individual listed is correct, as this cannot be changed once the application is filed.
2. Trademark Name or Logo:
   Double-check the trademark name or logo being registered. Make sure it’s the exact version you intend to use in commerce, as changes are not allowed after filing.
3. Goods and Services Listing:
   Ensure that all products and services you currently provide, or plan to provide in the foreseeable future, are included.
   Remove any products or services that you are not currently offering or have no plans to offer. Including irrelevant items can complicate the registration process and lead to unnecessary fees.

Understanding Classification and Descriptions

In Canada, goods and services must be properly classified and described. Special care is needed when:

1. Choosing Classifications:
   If you plan to file a trademark in two classes but the Canadian Intellectual Property Office (CIPO) determines your products span three classes after examination, you’ll need to pay for the additional class, even if you later remove it.
2. Using Descriptions:
   Canada allows the use of a “pick list” of predefined descriptions for goods and services. Using the pick list can:
   – Avoid unexpected fees.
   – Accelerate the review process. Applications with pick list descriptions are examined up to two years faster than those using custom language.
   Custom descriptions can slow down approval and increase costs, so use the pick list whenever possible.

Can’t Change Application Details After Filing

Once a trademark application is filed in Canada, some elements cannot be modified:

1. The name of the trademark owner.
2. The trademark name or logo.
3. The list of goods and services (though it can be narrowed, it cannot be broadened).

If you need to expand the list of goods and services, you must file a new application for the additional items.

Government Fees and Payment Options

Government fees for trademark applications in Canada must be paid at the time of filing. As of January 1, 2025, the fees are calculated as follows:

1. First Class: C$478.15
2. Each Additional Class: C$145.12

Final Steps Before Submission

Before proceeding with your application:

1. Carefully review all details to ensure accuracy.
2. Confirm that you’re satisfied with the listed goods and services and that all information is correct.
3. Notify us once you’ve completed your review, so we can submit the application on your behalf.

Filing a trademark in Canada is a critical step in protecting your brand. By following these guidelines, you can avoid costly mistakes and ensure a smooth filing process. If you have any questions or need assistance, feel free to contact us.