When and how can one party use another’s trademark

Generally, trademark rights merely regulate commercial use of the name. A trademark can be referred by a person for a legal, non-infringing motive as long as no more of the trademark is used than what is necessary for the purpose.

The trademark version of the “fair use” doctrine protects the trademark from unfair uses as is done by marketing competitors. Trademark owners set their own policies themselves as to how their trademark may be used. Following are some conventional ways in which a non-owner might be authorized to use a trademark:

  • Use correct trademark and service mark symbols-The symbol ® be used only if the trademark is federally registered and it must be placed after the trademark name. It is not legal to use the symbol if the trademark is not federally registered with the USPTO. Instead TM   must be used for trademarks and SM   for service marks.

As the trademark appears in the USPTO registry, the trademark should not be abbreviated, hyphenated or misrepresented in any additional ways which would mislead or puzzle the customers. Hope you understand When and how can one party use of another’s trademark.