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

Based on the information provided in the Utah Code and the documents, using a competitor’s trademark in advertising without their consent is a class B misdemeanor ^[1.1]. Therefore, it is generally not advisable to use a competitor’s trademark in advertising without their consent.

However, there may be certain exceptions to this rule. For example, if the use of the trademark falls under fair use, it may be permissible. Additionally, if the use of the trademark is necessary to describe the product or service being offered, it may also be permissible.

It is important to note that the Utah Code also contains regulations regarding advertising in general, including the erection and maintenance of outdoor advertising ^{[1.2][1.4][1.6]}. Health discount programs are also subject to specific advertising restrictions and requirements ^[1.3].

In order to ensure compliance with all relevant regulations, it is recommended that businesses consult with a legal professional before using a competitor’s trademark in advertising.

Therefore, to answer your question, using a competitor’s trademark in advertising in Utah without their consent is generally not advisable and may result in legal consequences. However, there may be certain exceptions to this rule, and it is recommended that businesses consult with a legal professional before using a competitor’s trademark in advertising.

Source(s):

• [1.1] Use of registered trademark without consent.
• [1.2] Advertising – Regulatory power of department – Notice requirements.
• [1.3] Advertising restrictions and requirements.
• [1.4] Advertising – Permits – Application requirements – Duration – Fees.
• [1.6] Purpose of part – Utah-Federal Agreements ratified.

Jurisdiction

Utah

• General