Trademark usage guidelines: the importance of consistently displaying licensors' marks.

One of the most basic tenets of trademark law is that rights are acquired through use of a mark, and it is crucial that such use be consistent and accurate. Although at first blush this advice seems obvious, it is a concept worth revisiting every so often. It is important for licensors to evaluate whether their marks are being used properly. Consistent use of a mark by the owner and its licensees helps to build brand recognition with consumers, and it is therefore one of the best ways to enhance one's brand awareness and secure rights in the marketplace. To the extent that consumers identify a mark with a particular source of products having uniform quality, the goodwill of the business will be enhanced and sales will generally increase, which is, of course, one of the primary goals of any licensor.

The creation of trademark usage guidelines will help licensors to implement a system for monitoring their trademark use by employees, licensees, and distributors. Trademark usage guidelines help to create consistency in the use of the mark and also serve as a useful tool internally to educate business people and groups within a company about trademark rights. …