Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

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

According to the State of Maine Quality Trademark [1.1] and the Blue, White and Red State Trademark [1.3], using a competitor’s trademark in advertising in Maine is prohibited unless authorized. To use the State of Maine Quality Trademark, you must meet certain requirements and obtain a license from the Commissioner of Agriculture [1.1].

Requirements for Using the State of Maine Quality Trademark

To obtain a license for using the State of Maine Quality Trademark on molluscan shellfish products, you must meet the following requirements [1.2]:

  • Provide an affidavit attesting that molluscan shellfish offered for sale to the public in containers bearing the State of Maine Quality Trademark will consist entirely of molluscan shellfish harvested within the State of Maine.
  • Develop and maintain a procedure for product recall and implement the recall procedure for any product for which the licensed user knows or has reason to believe circumstances exist that may adversely affect its safety for the consumer.
  • Be in compliance with all applicable federal and DMR rules relating to shellfish sanitation and provide DACF with a copy of a current and valid Shellfish Sanitation Certificate issued by DMR.
  • Have substantially complied with the requirements of this rule while exercising the privileges of the license.

Consequences of Unauthorized Use

Unauthorized use of the State of Maine Quality Trademark or the Blue, White and Red State Trademark is prohibited and can result in the suspension or revocation of licenses [1.1][1.3]. Therefore, if you want to use a competitor’s trademark in your advertising in Maine, you must obtain authorization from the trademark owner. Otherwise, it would be considered unauthorized use and could result in legal consequences.

In summary, using a competitor’s trademark in advertising in Maine without authorization is prohibited. To use the State of Maine Quality Trademark, you must meet certain requirements and obtain a license from the Commissioner of Agriculture. Unauthorized use of the trademarks can result in the suspension or revocation of licenses.

Source(s):
Jurisdiction

Maine