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

Can I use a competitor’s trademark in my advertising in Wisconsin? What are the requirements?

Using a competitor’s trademark in advertising can be a tricky issue, and it is important to ensure that you are not infringing on their intellectual property rights. In Wisconsin, as in the rest of the United States, the use of a competitor’s trademark in advertising is generally allowed if it is done in a way that is not likely to cause confusion among consumers about the source of the goods or services being advertised.

However, there are certain requirements that must be met in order to use a competitor’s trademark in advertising. First, the use of the trademark must be “nominative,” meaning that it is necessary to use the trademark to refer to the competitor’s product or service. Second, the use of the trademark must be truthful and not misleading. Finally, the use of the trademark must not imply any endorsement or sponsorship by the competitor.

It is important to note that these requirements are not absolute and may vary depending on the specific circumstances of each case. Therefore, it is recommended that you consult with a legal professional before using a competitor’s trademark in advertising.

^[1] provides information on trademark infringement and the consequences of using a trademark without permission. ^[3] provides information on responding to office actions related to trademark applications. However, neither of these documents provides specific information on using a competitor’s trademark in advertising in Wisconsin.

Therefore, it is recommended that you consult with a legal professional for specific guidance on this issue.

Source(s):

• [1] About Trademark Infringement | USPTO
• [3] Responding to office actions | USPTO

Jurisdiction

Wisconsin

• General