Seattle Trademark Lawyer

This weekend I bought “The Associated Press Stylebook,” the writing bible used by countless media outlets. I thought it would make a good long-term challenge to try to bring STL more in line with these accepted standards. What I didn’t expect was that the book would have direct implications on the world of trademarks. I now see it is an important force in shaping how news readers use trademarks in everyday life — especially with regard to genericism.

The Stylebook instructs reporters that a trademark is a “brand, symbol, word, etc., used by a manufacturer or dealer and protected by law to prevent a competitor from using it: AstroTurf, for a type of artificial grass, for example. In general, use a generic equivalent unless the trademark name is essential to the story. When a trademark is used, capitalize it.” It has similar instructions with regard to “brand names” and “service marks.”

The book addresses many trademarks by name, as well as the victims of genericide.

With respect to “Realtor,” for example, it states: “The term real estate agent is preferred. Use Realtor only if there is a reason to indicate that the individual is a member of the National Association of Realtors.” In other words, “Realtor” is a trademark; “real estate agent” is its generic equivalent.

Similarly, “Q-tips” is a “trademark for a brand of cotton swabs”; “Rollerblade” is a “trademark for inline skates”; and “Rolodex” is a “trademark for a brand of rotary card file.”

By contrast, escalator, nylon, and thermos are generic words.

The Stylebook also directs news writers to INTA’s “Trademark Checklist“ for questions about marks not listed.

Given its influence on how reporters write about trademarks — and, consequently, on how the public uses trademarks — it’s gratifying to see the Stylebook training news writers to use trademarks with such precision.

The next step, I suppose, is for news writers to learn how trademarks differ from patents and copyrights.