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J.J. Lee, Trademark Attorney

This looks like trademark use… but it isn’t

Published 2 months ago • 1 min read

May 14, 2026

Hello Reader,

A lot of businesses believe they are using a trademark when they are not.

And it usually happens in a very simple way.

They put their name on:

  • packaging
  • labels
  • their website
  • marketing materials

And assume that counts as trademark use.

Sometimes it does.

Sometimes it does not.

There was a recent case involving a cheese company that used its name across its business and products.

The issue was not whether the name existed.

The issue was how it was being used.

The Trademark Trial and Appeal Board concluded that the name was being used more like a business name than a trademark.

That distinction matters.

A trade name identifies the company.

A trademark identifies the source of specific goods or services.

Those are not automatically the same.

Here is where this shows up:

  • A website header that only shows the company name
  • Packaging that emphasizes the business instead of the product brand
  • Labels that do not clearly present the mark as a brand

From a business perspective, this all feels like use.

From a trademark perspective, it may not be enough.

If your application depends on proving use, this becomes critical.

Because at that point, the question is not what you intended.

It is what you actually did.

If you are building a brand, it helps to ask:

  • Is this being presented as a brand, or just a company name?
  • Would a customer recognize this as identifying the product?
  • Is the mark tied directly to the goods or services?

These details are easy to overlook early on.

But they can determine whether your filing holds up.

If you are unsure, it is much easier to address this before filing than after.

Recent trademark registrations this week

Congratulations to these founders whose trademarks were successfully registered by our firm:

All the best,

J.J. Lee and the Trademark Lawyer Law Firm Team

P.S. If you are thinking about filing a trademark, this is where I would start:

​Trademark Registration Options Here​

J.J. Lee, Trademark Attorney

Protecting your Brand and Trademark Since 2007 and over 7,000 Trademark Registrations.

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