How can I properly use a trademark or trade name in a patent specification?

While using trademarks or trade names in patent claims can be problematic, they can be used more freely in the patent specification. Here are guidelines for proper use:

• Use the trademark or trade name in conjunction with the generic terminology.
• Indicate that the term is a trademark, e.g., by using the ™ or ® symbol.
• Clarify the source of the trademark or trade name.
• Provide a clear description of the product or material associated with the trademark.

The MPEP 608.01(v) provides guidance on the use of trademarks in patent applications:

“If the product to which the trademark refers is set forth in such language that its identity is clear, the identification is sufficient. Where the product is set forth in the specification in language which is not clear, the examiner should require the applicant to use language which is clear.“

By following these guidelines, you can use trademarks or trade names in the specification while maintaining clarity and avoiding potential indefiniteness issues.

To learn more:

• trademark in specification
• trade name in specification
• patent application
• MPEP 608.01(v)