Avoid using a competitor’s trademark in a way which may suggest that the competitor endorses or sponsors your products or services, and avoid taking unfair advantage of the reputation of a competitor’s trademark to promote your own business. The act may result in passing off proceedings taken out by the competitor.
Avoid using your competitor’s trademark in your advertisement as a way to discredit or unfair attack your competitor.
If you change the version of a competitor’s trademark, this may blur the competitor trademark’s ability to identify the product concerned, and the alteration may lead to infringement proceedings taken out by the competitor.
A competitor’s trademark may contain graphic elements like logo, label, design or three-dimensional figure, and these elements are likely to be protected by copyright law, and using one’s trademark without the owner’s authorization may result in trademark infringement.
For legal advice or services on trademark disputes or trademark infringement, please contact CHOW & CHEUNG, Hong Kong Solicitors & Notary Public. [Tel: +852 2856 3799 Email: cac@ccsn.hk]
www.ccsn.hk
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