Is there a danger that my trademark can become generic?

Yes, there is a danger that a trademark can become generic. A trademark becomes generic when it loses its uniqueness. Generally, this means it is used so much in the everyday that it loses the special qualities that made if worthy of being a trademark in the first place.

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What are the benefits of marking?

Marking provides certain procedural advantages to the owner when attempting to enforce a trademark. You cannot obtain lost profits and damages if you don’t use the notice. However, marking need not be made each and every time the trademark is used. It need only be used in a fair representative number of cases.

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What if I license others to use my trademark?

Trademarks, similar to other forms of intellectual property, can be licensed to whomever you want. Proper licensing requires signed contracts detailing the terms of the trademark license. If your business has reached a point of growth that exceeds your manufacturing or supervisory ability, it is time to license others to use your trademark.

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