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

Based on the provided context documents, it is important to note that Ohio Revised Code Section 4301.69 prohibits the use of a competitor’s trademark in advertising if it is likely to mislead or confuse consumers. Therefore, it is recommended that you consult with a legal professional to ensure that your advertising complies with Ohio law.

Additionally, if you are planning to sell beer or wine in Ohio, you must obtain a permit and comply with all applicable taxes and rules. Requirements for obtaining a permit to sell beer or wine in Ohio are outlined in Ohio Revised Code Section 4303.232. The permit holder must comply with all applicable taxes, collect and pay all applicable taxes, and comply with all rules adopted by the liquor control commission under Section 4301.03 of the Revised Code. The permit holder must also make a bona fide effort to ensure that the personal consumer is at least 21 years of age before sending a shipment of beer or wine to the personal consumer ^[2.1].

Regarding wine sales, an S-2 permit holder may sell wine to a personal consumer by receiving and filling orders that the personal consumer submits to the permit holder. The permit holder shall sell only wine that the permit holder has manufactured to a personal consumer. An S-2 permit holder may use a fulfillment warehouse registered under section 4303.234 of the Revised Code to send a shipment of wine to a personal consumer. A fulfillment warehouse is an agent of an S-2 permit holder and an S-2 permit holder is liable for violations of this chapter and Chapter 4301. of the Revised Code that are committed by the fulfillment warehouse regarding wine shipped on behalf of the S-2 permit holder. An S-2 permit holder shall collect and pay the taxes relating to the delivery of wine to a personal consumer that are levied under sections 4301.421, 4301.43, and 4301.432 and Chapters 5739. and 5741. of the Revised Code ^[2.3].

In summary, while Ohio law prohibits the use of a competitor’s trademark in advertising if it is likely to mislead or confuse consumers, it is recommended that you consult with a legal professional to ensure that your advertising complies with Ohio law. Additionally, if you are planning to sell beer or wine in Ohio, you must obtain a permit and comply with all applicable taxes and rules.

Source(s):

• [2.1] Tax exemptions for A-2, A-2f, S-1, and S-2 permit holders.
• [2.3] S-2 permit.

Jurisdiction

Ohio

• General