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

Use of Competitor’s Trademark in Advertising in Missouri

In Missouri, the use of a competitor’s trademark in advertising is generally allowed as long as it is not likely to cause confusion or deceive consumers [2]. However, there are certain requirements that must be met in order to use a competitor’s trademark in advertising:

  1. The use of the trademark must be in a descriptive, non-trademark sense [2]. This means that the trademark can only be used to describe the product or service being offered, and not to suggest any affiliation or endorsement by the competitor.
  2. The use of the trademark must not be likely to cause confusion or deceive consumers [2]. This means that the use of the trademark must be clear and unambiguous, and not likely to mislead consumers into believing that there is an affiliation or endorsement by the competitor.
  3. The use of the trademark must not dilute the value of the trademark [3]. This means that the use of the trademark must not diminish the distinctiveness or reputation of the trademark.

It is important to note that the use of a competitor’s trademark in advertising can be a complex legal issue, and it is recommended that businesses consult with a legal professional before using a competitor’s trademark in advertising.

[2]: state of missouri alcohol & tobacco laws & regulations [3]: Guides Concerning the Use of Endorsements and Testimonials in …

Source(s):
Jurisdiction

Missouri