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Subject:Product names as adjectives? From:geoff-h -at- MTL -dot- FERIC -dot- CA Date:Mon, 2 Jun 1997 12:29:51 -0500
Cheryl Kidder wondered about whether it's kosher to use a
product's name as a noun, or better to use it as an
adjective.
The answer, as always, depends. If the product name is
yours, and you're hoping to trademark it (registered or
otherwise), then you should restrict the use to an
adjective (e.g., Microsoft (R) Word). If it's someone
else's product, then you're being courteous by sticking to
the adjectival type of use (e.g., "a Velcro(R)-brand
fastener" instead of just "Velcro"), but strictly speaking,
nobody can stop you from using the word however you want...
provided that you're not trying to take credit for someone
else's product or make it look like they endorse your
company. The company may send you a letter from their
lawyers requesting that you cease and desist, but in the
absence of the deceptions I just mentioned, I'm not aware
that anyone has ever been taken to court over the issue.
Sending the letter is just the company's attempt to enforce
their ownership of the trademark.
So using a product name as a noun isn't strictly legal, but
it's accepted practice. For example, consult any computer
magazine and try to see if you can find a trademark after
any software product name. You won't find one... or not
many. You probably won't even find an (R) after the company
name. To add to the body of evidence, neither my Microsoft
Word manual nor my RoboHelp manual uses an (R) or a (TM)
after the product name. That's good enough for me.
--Geoff Hart @8^{)} geoff-h -at- mtl -dot- feric -dot- ca
Disclaimer: Speaking for myself, not FERIC.
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