What is an advertisement for purposes of trademark law?
An advertisement for purposes of trademark law is any communication to the public, regardless of whether it’s printed, broadcast, or digital, that is intended to promote goods, services, or commercial or business interests. In California, advertisements for goods and services must include the registered trademark symbol (™) and trademark registration number to be protected by trademark law. Advertising includes the use of company logos, slogans, jingles, and designs to help promote goods and services. It also includes the use of trade dress, which is the distinctive appearance and image of a product or brand. For example, a company that makes clothing can advertise its products by showing pictures of models wearing the clothing with the company’s trademarked logo. Advertising is an important part of establishing a brand and is protected under trademark law in California. If another company tries to use your company’s logo or slogan to promote itself, or if someone else’s advertisement is confusingly similar to your company’s, you may have grounds for a trademark infringement claim. It’s important to know the regulations around advertising in California in order to protect your brand from infringement.
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