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

Using Competitor’s Trademark in Advertising in Texas

In Texas, using a competitor’s trademark in advertising is subject to §554.054 of the Act and in compliance with federal law ^[1.1]. However, it is important to note that the use of a competitor’s trademark in advertising may lead to trademark infringement claims.

To avoid trademark infringement claims, it is recommended to follow the guidelines provided by the United States Patent and Trademark Office (USPTO) for fair use of trademarks in advertising. According to the USPTO, the following factors should be considered to determine whether the use of a competitor’s trademark in advertising is fair use:

• The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
• The nature of the trademarked work;
• The amount and substantiality of the portion used in relation to the trademarked work as a whole; and
• The effect of the use upon the potential market for or value of the trademarked work.

It is recommended to consult with a legal professional to ensure compliance with trademark laws and regulations when using a competitor’s trademark in advertising in Texas.

Requirements

There are no specific requirements provided in the context documents for using a competitor’s trademark in advertising in Texas. However, it is important to comply with federal law and follow the guidelines provided by the USPTO for fair use of trademarks in advertising.

Please note that the context documents provided are not directly related to the query and do not provide any additional information on the requirements for using a competitor’s trademark in advertising in Texas.

Source(s):

• [1.1] Advertising of Generic Drugs by Pharmacies

Jurisdiction

Texas

• General