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Nominative Use: A Comprehensive Guide to Its Legal Implications
Definition & Meaning
Nominative use refers to the practice of using a trademark by a third party solely to identify or refer to the goods or services of the trademark's owner. This type of use allows individuals or businesses to mention a trademarked product or service when comparing it to their own offerings or when describing their own goods. Importantly, nominative use is not intended to identify the goods or services of the third party using the trademark. Because this use is unlikely to create confusion among consumers, it is generally not considered trademark infringement and is often classified as fair use.
Table of content
Legal Use & context
Nominative use is commonly encountered in trademark law, particularly in cases involving advertising, product comparisons, and reviews. It is important in civil law contexts, especially in disputes related to intellectual property rights. Users can manage nominative use situations through legal forms and templates provided by platforms like US Legal Forms, which help in drafting agreements or disclaimers that clarify the intended use of trademarks.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
1. A review website comparing various smartphone brands may use the trademarked names of those brands to discuss their features and performance. This is a nominative use as it serves to identify the products being compared.
2. A car repair shop may advertise that it specializes in repairing a specific brand of vehicles, using the brand's name to inform customers about its services (hypothetical example).
State-by-state differences
Examples of state differences (not exhaustive):
State
Notes
California
Strong protections for nominative use in advertising.
New York
More stringent requirements for avoiding confusion.
Texas
Generally aligns with federal standards for fair use.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Difference
Nominative use
Use of a trademark to refer to the goods/services of the trademark owner.
Focuses on identification without misleading consumers.
Descriptive use
Using a trademark to describe the nature or characteristics of a product.
May not always be permissible if it causes confusion.
Fair use
Use of a trademark in a manner that does not infringe on the owner's rights.
Broader category that includes nominative use.
Common misunderstandings
What to do if this term applies to you
If you find yourself needing to use a trademark for nominative purposes, consider the following steps:
Ensure that your use is necessary to identify the goods or services.
Be clear that your use does not imply endorsement by the trademark owner.
Consult legal templates available on US Legal Forms to draft disclaimers or agreements that clarify your intended use.
If your situation is complex, seek advice from a legal professional to ensure compliance with trademark laws.
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