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Can I use a competitor's trademark in my advertising in South Carolina? What are the requirements?
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Use of Competitor’s Trademark in Advertising in South Carolina
According to South Carolina Code of Laws, Title 46 - Agriculture, Chapter 25 - Brands and Marks, Section 46-25-260, the brand name or trademark registered by a person shall not be entitled to registration by another, and the person having first registered and used the brand name or trademark shall be entitled to it, even should the brand name or trademark not be offered for current registration [1.2].
Therefore, it is not advisable to use a competitor’s trademark in advertising in South Carolina without their permission. Doing so may result in legal action against you for trademark infringement.
Requirements for Using a Trademark in Advertising
If you want to use a trademark in advertising, you must obtain permission from the trademark owner. The owner may require you to sign a licensing agreement that outlines the terms and conditions of using their trademark.
Additionally, if you are a household goods carrier in intrastate commerce, you must not use any name in the advertising, soliciting, or handling of intrastate business other than the name or trade name in which your operating authority is issued from the Public Service Commission. The printed advertising must also include the certificate or docket number issued to the carrier by the commission. If such a carrier uses joint advertising with a national carrier with which it has an affiliation, the advertising must state clearly that all intrastate hauling is to be done solely by the South Carolina carrier [1.4].
If you have any further questions or concerns, it is advisable to consult with a legal professional.
I hope this information helps!
Source(s):
Jurisdiction
South Carolina