Can I Mention Someone Else's Trademark on My Website?

Is it OK to mention others' trademarks on your website?

Maybe or maybe not.

Watch the video and find out for yourself.

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TRANSCRIPT

And the answer to that is usually yes.

Trademark infringement is found only if you are using somebody else’s trademark in association for the products and services for which the trademark was registered. And the word “using” has a very specific legal meaning. So mentioning, somebody else’s trademark by itself is not “use”.

For it to be trademark infringement, if you were to use somebody else’s trademark without their permission, would require that you sell their products or that you advertise as if you are selling their products in a way to create impression that you are them or that you are authorized by them to use their brand.

So if all you’re doing is just saying, “Apple just released a new product, and that product’s name is iPhone,” it is perfectly okay. Even if you were to say that you hate the product, it’s still perfectly okay. Mentioning does not make to compete with them. And trademarks are really designed to protect two parties, the brand owners and the public. And the public is not hurting by you telling them about the product. But the public would hurt if you decided to sell your phones and say, “This is actually Apple” when it isn’t.

One other thing that I should mention is, for example, you bought a product and you used it and now you want to resell it. It is still perfectly okay for you to say, I am selling a used, or even new, new iPhone, or an iPad, or a new Corvette, or the new Ferrari, or… Doesn’t really matter what you buy. Doesn’t matter what you sell. What matters is that typically you are allowed to name the product that you are selling, to name the product that you are offering to the public, as long as you are not trying to create an impression that you an authorized dealer. So if you buy an iPhone and sell the iPhone, it is perfectly alright, as long as you don’t make it look as if you have a store and you have a big Apple on it, and the only thing that you do is sell iPhones all day long and Apple somehow has authorized your doing that.


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Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.

See our answers to other frequently asked questions about trademarks or leave your comments below!


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