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

Based on the documents provided, it is important to note that Oklahoma follows the Lanham Act, which is a federal law that governs trademarks. The Lanham Act prohibits the use of another company’s trademark in a way that is likely to cause confusion, mistake, or deception as to the source of the goods or services being advertised.

Requirements for using a competitor’s trademark in advertising in Oklahoma

To use a competitor’s trademark in advertising in Oklahoma, the following requirements must be met:

1. The use of the trademark must be in a descriptive or non-trademark sense. This means that the trademark is being used to describe the product or service being offered, rather than to identify the source of the product or service.
2. The use of the trademark must not be likely to cause confusion, mistake, or deception as to the source of the product or service being offered.
3. The use of the trademark must not dilute the trademark owner’s rights in the trademark.
4. The use of the trademark must not be defamatory or disparaging to the trademark owner.

Jurisdiction

Oklahoma

• General