ARTICLE
19 December 2014

Guidelines for Using the Trademarks of Others: Describing Your Products or Services (“Fair Use”)

Guidelines for Using the Trademarks of Others: Fair Use
United States Intellectual Property
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• DOs and DON’Ts

- DO use terms according to their ordinary dictionary meanings

- DO use terms where those terms are the only reasonable way to describe your goods or services

- DO display your own mark as a source identifier alongside descriptive phrase containing another’s mark

- DON’T distinguish terms from the surrounding text, such as by using a different font, type size or style

- DON’T use the terms with any form of trademark notice (e.g., ® or™ )

- DON’T use the terms as an attention-getting symbol in part of an advertising slogan

- DON’T use the terms in any manner that might be likely to cause confusion among consumer

• Examples: Use of the Word “Apple”

- Fair use: Please enjoy our BETTER THAN GRANDMA’S™ apple pie!

- NOT fair use: Be the first to try our new APPLE™ MP3 player! (unless you are working for Apple Computer to promote the new iPod)

To find out more please access our IP Primer page.

ARTICLE
19 December 2014

Guidelines for Using the Trademarks of Others: Describing Your Products or Services (“Fair Use”)

United States Intellectual Property

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