Trademarks must be properly used in order to be maintained. This means that trademarks must be used as adjectives, never as nouns, verbs, adverbs or other parts of speech, a distinction lost on many trademark owners and their marketing personnel. Therefore, the members of the music enterprise and, in particular, their licensees, must all be instructed on the proper use of the trademark. In addition, since litigating trademark rights often requires that evidence of use of the mark be presented in a proceeding, it is imperative that records be kept concerning use of the mark, including annual sales figures, annual advertising figures and samples, dates of first use in countries, as well as publicity surrounding the trademark, such as newspaper and magazine clippings. The trademark owner, and their licensees, should retain such information for ready access when needed.

In addition, in the overwhelming majority of countries, a registered trademark must be used within a certain period of time following registration and use must not be suspended for a specific period of time (usually between one and five years, three years in the United States), failing which the registered mark is vulnerable to cancellation on the ground of non-use, unless the non-use was justified, such as on the ground of force majeure. Potential plaintiffs must be careful because the standard of use varies considerably in countries. In a small number of countries the mere advertisement of a registered trademark constitutes use sufficient to withstand an attack on the ground of non-use. Use merely for export may also qualify.

In the United States, it has been held that a musical group that ceases performing does not immediately abandon its trademark rights in the group name since the name continued to be used to promote sales of existing recordings. [9]

Once a trademark is registered it is important that the trademark, when represented in print, be used properly. The most important consideration is that the appropriate legend be used to indicate that the mark is registered. The most commonly used legend is the familiar letter “R” inside a circle. In addition, “Registered in U.S. Patent and Trademark Office” or “Reg. U.S. Pat. & Tm. Off.” may be used. Such marking provides notice to the public that the mark is registered and entitles the trademark owner to claim monetary damages against certain infringers. In the absence of a federal trademark registration, it is possible to use the designation ^TM or ^SM to put third parties on notice that common law trademark or service mark rights, respectively, which have arisen through use, are claimed. It is very important that a trademark owner, notwithstanding aesthetic objections from marketing personnel, ensure that appropriate markings are used on all products on which the trademark is used. Licensees must also be held to this standard. Use of a registered mark with respect to services may be reflected on advertising, brochures or programs, such as by indicating a small legend to the effect that “XYZ is a registered trademark of XYZ BAND.”

Marking requirements also exist outside of the United States but vary from country to country, ranging from a complete lack of marking regimes to compulsory regimes. In some cases it is also necessary to indicate that the mark is being used by a licensee under a license from the trademark owner.