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

Using a Competitor’s Trademark in Advertising in New Hampshire

In general, using a competitor’s trademark in advertising can be risky and may lead to legal issues. However, there are certain circumstances where it may be allowed.

According to the New Hampshire Rules of Professional Conduct [3], lawyers are not allowed to use a competitor’s trademark in advertising if it is likely to cause confusion or mistake as to the source of the services. This is also known as trademark infringement.

To determine whether the use of a competitor’s trademark is allowed, you should consider the following factors:

  • The similarity between the marks
  • The strength of the competitor’s mark
  • The proximity of the products or services
  • The likelihood of confusion
  • The defendant’s intent in using the mark

If you are unsure whether your use of a competitor’s trademark is allowed, it is recommended that you consult with a legal professional.

Requirements for Using a Competitor’s Trademark in Advertising

If you are allowed to use a competitor’s trademark in advertising, there are certain requirements that you must follow. According to the Federal Trade Commission [2]([3]:), any advertising that uses a competitor’s trademark must be truthful and not misleading.

Additionally, the use of a competitor’s trademark must not imply an endorsement or sponsorship by the competitor. You should also avoid using the competitor’s trademark in a way that could dilute the trademark or tarnish its reputation.

It is important to note that these requirements may vary depending on the specific circumstances of your case. Therefore, it is recommended that you consult with a legal professional to ensure that you are complying with all applicable laws and regulations.

Source(s):
Jurisdiction

New Hampshire