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Can I use a competitor's trademark in my advertising in Colorado? What are the requirements?

Using a Competitor’s Trademark in Advertising in Colorado

In Colorado, a person who adopts and makes use in commerce of a trademark may deliver to the secretary of state, for filing pursuant to part 3 of article 90 of this title, a statement of trademark registration to which a specimen and, if the trademark is a special form trademark, a drawing is attached [1.5]. The statement of trademark registration shall state that the registrant is currently using the trademark in commerce in Colorado and that the registrant believes, in good faith, that the registrant has the right to use the trademark in connection with the goods or services listed and that the registrant’s use of the trademark does not infringe the rights of any other person in that trademark [1.5].

However, it is important to note that trademark counterfeiting is prohibited in Colorado [1.4]. A person commits trademark counterfeiting if such person intentionally manufactures, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute marks, goods, or services that the person knows are, bear, or are identified by one or more counterfeit marks and has possession, custody, or control of more than twenty-five items bearing a counterfeit mark [1.4].

Based on the documents provided, it is unclear whether using a competitor’s trademark in advertising is allowed in Colorado. Therefore, it is recommended to consult with a legal professional for further guidance.

Requirements for Advertising in Colorado

It is unlawful for any person, firm, or corporation engaged in business within the state of Colorado to advertise goods, wares, or merchandise which they are not prepared and able to supply to the consuming public in pursuance of such advertisement [1.7]. Additionally, no financial institution, or any subsidiary, affiliate, or employee of a financial institution, may issue advertising that would lead a reasonable person to believe that the state of Colorado or the federal government is responsible for insurance sales activities of the financial institution or any subsidiary, affiliate, or employee thereof [1.3].

Furthermore, the boards of county commissioners of the several counties within the state of Colorado are authorized to appropriate money from the county general fund for the purpose of advertising or marketing the county [1.6].

It is important to note that the above requirements may not be exhaustive. Therefore, it is recommended to consult with a legal professional for further guidance.

Conclusion

Based on the documents provided, it is unclear whether using a competitor’s trademark in advertising is allowed in Colorado. Therefore, it is recommended to consult with a legal professional for further guidance. Additionally, it is important to comply with the requirements for advertising in Colorado, which include not advertising goods that cannot be supplied, not making false claims about government responsibility, and complying with county advertising regulations.

Source(s):
Jurisdiction

Colorado