Discussion:
What is the name of your state? ILLINOIS
Today we received a cease & desist letter from a large publically traded company that is in the same industry as our small ma/pa shop. We used a word that they have trademarked. We use it in our product descriptions because we sell a similar product and we sell an accessory to that product that is needed to use the trademarked product. Question, can we legally continue to use this trademarked product name "if" we follow the word by the circled "R" and then type in "said word" is a registered trademark of ___ company and we are not affiliated with said company. If we use the "circled R" every time we use that word, and give them credit for their mark, will that be ok?
Answer:
What is the name of your state? ILLINOIS
Today we received a cease & desist letter from a large publically traded company that is in the same industry as our small ma/pa shop. We used a word that they have trademarked. We use it in our product descriptions because we sell a similar product and we sell an accessory to that product that is needed to use the trademarked product. Question, can we legally continue to use this trademarked product name "if" we follow the word by the circled "R" and then type in "said word" is a registered trademark of ___ company and we are not affiliated with said company. If we use the "circled R" every time we use that word, and give them credit for their mark, will that be ok? No you may not. Next time try asking for WRITTEN permission before assuming you have the right to use other's property.
Answer:
What is the name of your state? ILLINOIS
Today we received a cease & desist letter from a large publically traded company that is in the same industry as our small ma/pa shop. We used a word that they have trademarked. We use it in our product descriptions because we sell a similar product and we sell an accessory to that product that is needed to use the trademarked product. Question, can we legally continue to use this trademarked product name "if" we follow the word by the circled "R" and then type in "said word" is a registered trademark of ___ company and we are not affiliated with said company. If we use the "circled R" every time we use that word, and give them credit for their mark, will that be ok? BB's response is generally correct; however, there may be limited usages of the trademark that may be okay. Check with the company to see if they have a trademark usage policy -- that will tell you what they find acceptable, and if you follow those guidelines, that should be okay. Otherwise, you will want to discuss your usage with a local attorney who has experience with trademarks and who can review all of the facts of your situation, and advise you accordingly.
Or you can just stop using the trademark until you get permission to use it, like BB suggested.