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Media Coverage

MediaMiser quotes Mark Penner in an article about trademark erosion

Fasken
Reading Time 1 minute read
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“Trademark Erosion: Avoiding Genericide” by MediaMiser MediaMiser quotes Toronto lawyer Mark Penner in an article about how brands can protect their trademarks from misuse and erosion.

According to Penner, the first thing that companies need in the fight against trademark genericization is vigilance: “What they have to do is patrol, patrol and control the use of the mark in the marketplaces to make sure people are using it as a trademark.”

“The problem is that you invest a lot of time, money and effort to have people associate your brand with a particular product, and have done such a good job that they actually think it’s a reference to the product itself, then you’ve actually seceded too much,” he says. “Because what happens is you’ve now effectively given the world that mark, and you may actually lose it. Somebody might challenge it on the basis that it has become genericised, and it’s no longer distinctive of you.”

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