Get the free 'Nominative Fair Use ' For TMs: An Idea Whose Time Has Gone

'Nominative Fair Use For TM's: An Idea Whose Time Has Gone Law360, New York (June 16, 2015, 10:22 AM ET) Nearly 25 years ago, the Ninth Circuit created a new defense to claims of trademark infringement,

How to fill out nominative fair use for

How to fill out nominative fair use form:

1. Start by reading the instructions: Before filling out the nominative fair use form, carefully review the provided instructions. These instructions will guide you through the process and provide you with important information on what is required.
2. Identify the trademark: In the form, you will need to clearly identify the trademark in question that you wish to use. Provide the name of the trademark and any additional information such as logo or slogan, if applicable.
3. Explain the purpose of use: Describe the specific purpose for which you intend to use the trademark. This could include referencing the trademark in a critical or comparative manner, using it to identify the goods or services in question, or any other legitimate purpose.
4. Provide evidence of fair use: In order to support your claim of fair use, you will need to provide evidence that establishes your legitimate need to use the trademark. This can include examples of how the trademark is commonly used in your industry, articles or disclaimers expressing your purpose of use, or any other relevant documentation.
5. Include contact information: Make sure to provide accurate contact information in the form. This will allow the trademark owner or the reviewing authority to get in touch with you if any further information or clarification is needed.

Who needs nominative fair use for:

1. Businesses and organizations: Any business or organization that wants to refer to a trademark owned by another company in a way that is permissible under fair use principles may need to fill out a nominative fair use form. This can include instances of comparative advertising, product reviews, or educational materials.
2. Content creators: Bloggers, journalists, writers, and other content creators may require nominative fair use when referencing trademarks in their work. This can involve discussing or analyzing products, services, or brands in a way that is protected by fair use laws.
3. Artists and musicians: Artists and musicians may need to fill out a nominative fair use form if they wish to incorporate trademarks into their artwork or music. This could be seen in the use of recognizable logos or symbols as part of creative expression.

Overall, anyone who intends to use a trademark in a manner that is protected by fair use provisions should consider filling out a nominative fair use form. It is important to understand the requirements and guidelines specified in the form and provide the necessary evidence to support your claim of fair use.

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What is nominative fair use for?

Nominative fair use allows the use of a trademark to identify the products or services of the trademark owner, without permission, as long as it is done in a way that does not imply endorsement or affiliation.

Who is required to file nominative fair use for?

Anyone using a trademark to refer to the products or services of the trademark owner in a non-commercial manner may need to file nominative fair use.

How to fill out nominative fair use for?

Nominative fair use can be filled out by providing information about the trademark being used, the purpose of the use, and ensuring that it complies with fair use guidelines.

What is the purpose of nominative fair use for?

The purpose of nominative fair use is to allow for the use of trademarks in a way that does not infringe on the rights of the trademark owner while still allowing for important references in commentary, criticism, and other forms of expression.

What information must be reported on nominative fair use for?

The information required on a nominative fair use form typically includes details about the trademark being used, the purpose of the use, and contact information for the individual or entity using the trademark.