Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

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

Using a Competitor’s Trademark in Advertising in Washington

In Washington, using a competitor’s trademark in advertising is generally not allowed unless it falls under fair use or comparative advertising. Fair use allows the use of a trademark for purposes such as commentary, criticism, news reporting, teaching, scholarship, or research [4]. Comparative advertising, on the other hand, is allowed as long as it is truthful and not misleading [4].

To determine whether the use of a competitor’s trademark falls under fair use or comparative advertising, it is important to consider the specific circumstances of the use. Factors that may be considered include the purpose and character of the use, the nature of the trademark, the amount and substantiality of the portion used, and the effect of the use on the potential market for or value of the trademark [4].

Requirements for Using a Competitor’s Trademark in Advertising in Washington

If the use of a competitor’s trademark in advertising is allowed under fair use or comparative advertising, there are still certain requirements that must be met. The use must not be likely to cause confusion, mistake, or deception as to the source, sponsorship, or approval of the goods or services being advertised [4]. Additionally, the use must not be likely to dilute the distinctive quality of the trademark [4].

It is important to note that the use of military service marks is expressly prohibited without written permission from a Military Service Trademark Licensing Program Office [3].

In summary, using a competitor’s trademark in advertising in Washington is generally not allowed unless it falls under fair use or comparative advertising. If the use is allowed, it must not be likely to cause confusion or dilute the distinctive quality of the trademark.

Source(s):
Jurisdiction

Washington