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Can I use a competitor's trademark in my advertising in Indiana? What are the requirements?
Based on the context documents, you cannot use a competitor’s trademark in your advertising in Indiana unless it is done in good faith to meet the price of a competitor who is selling the same article at cost to him as a retailer or distributor [1.5]. However, you can display and use in advertising the phrase “Member of the Coalition to Support Indiana Seniors” if you are a member of the coalition [1.4].
To register a trademark in Indiana, the corporation must devise a distinctive trademark and register it with the Secretary of State under IC 24-2-1. The trademark must indicate in some way that the product to which it is affixed is substantially produced or assembled in Indiana. The corporation must also register the trademark with the United States Patent and Trademark Office [1.1][1.3].
Therefore, to use a competitor’s trademark in your advertising in Indiana, you must ensure that it is done in good faith to meet the price of a competitor who is selling the same article at cost to him as a retailer or distributor. Otherwise, it is not allowed.
Source(s):
- [1.1] Distinctive trademark; registration
- [1.3] “Trademark”
- [1.4] Member advertising
- [1.5] Sale to meet price of competitor
Jurisdiction
Indiana