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Can you use anothers trademark to advertise your goods

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Lawdit Solicitors - Expert Author

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The short answer is yes!

The usual legal position is that the proprietor of a registered trade mark cannot prohibit a third party from from using their trade mark to indicate the intended purpose of a product.

This applies to, in particular, spare parts and accessories which one trader wants to advertise are compatible with another traders goods. However, the use must be necessary to indicate that purpose and must be in accordance with honest practices in commercial and industrial matters. There must be no risk that the public will be lead to believe that there is a commercial connection between the traders.

Corinne Day is a trainee solicitor who specialises in information technology law and intellectual property law.


About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.



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Article Published/Sorted/Amended on Scopulus 2007-10-09 11:56:09 in Legal Articles

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