• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Use of a Manufacturers name on our webiste

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

geilow01

Junior Member
What is the name of your state (only U.S. law)? Michigan

We were once a dealer for Canon but are not any longer. Can we say on our web-site that we service Canon equipment. We do not say anywhere that we are an official dealer. I can't imagine that if I was in the automobile repair business that I couldn't say we specialize in FORD vehicle repairs, even though I was not a FORD dealership or associated with FORD in any way.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Michigan

We were once a dealer for Canon but are not any longer. Can we say on our web-site that we service Canon equipment. We do not say anywhere that we are an official dealer. I can't imagine that if I was in the automobile repair business that I couldn't say we specialize in FORD vehicle repairs, even though I was not a FORD dealership or associated with FORD in any way.
Yes, you can use trademarks in a descriptive way.

If you service Canon equipment, you can say you service Canon equipment. You cannot, however, use the name Canon as an advertising tool for your site or to imply in any way that you are an authorized Canon dealer or endorsed by Canon.
 

geilow01

Junior Member
Yes, you can use trademarks in a descriptive way.

If you service Canon equipment, you can say you service Canon equipment. You cannot, however, use the name Canon as an advertising tool for your site or to imply in any way that you are an authorized Canon dealer or endorsed by Canon.
I guess I'm confused a bit. If you just mention their name on our website it's purpose is to attract people that want their Canon printer fixed, isn't that a advertising tool?
 

geilow01

Junior Member
I guess I'm confused a bit. If you just mention their name on our website it's purpose is to attract people that want their Canon printer fixed, isn't that a advertising tool?
We do not say or imply that we are a dealer for them either.
 

quincy

Senior Member
I guess I'm confused a bit. If you just mention their name on our website it's purpose is to attract people that want their Canon printer fixed, isn't that a advertising tool?
You can say on your site that you service Canon equipment. That is not a problem - or should not be, at any rate. It is impossible to guarantee that a trademark holder will not object even to legal uses of their trademark.

Most importantly, your use of the Canon trademark should not confuse consumers into thinking that you are something that you are not (e.g., an authorized Canon dealer). You cannot use the Canon trademark to deceive consumers. You cannot trade off the Canon trademark in a way that suggests Canon has some connection to your business if they don't, by advertising your business as a Canon business or implying that it is a Canon business.

In other words, the name of your business should not be "The Canon Repair Business" and you should not have a banner on your website that proclaims it is. You should not have a Canon domain name that confuses consumers into coming to your site expecting that you are an authorized Canon company. Allowable would be to have a business called, say, "Geilow01's Repair Business," and state on your site or in your advertising that your business services Canon equipment.

The purpose of trademarks is to distinguish one company's products and services from those of all others, to allow for consumers to know what they are getting when they purchase a product or service. When a consumer becomes confused as to the origin of the goods or services being offered, because one trademark too closely resembles that of another or one trademark is used in a way that confuses consumers as to the origin of the goods or services, that can lead to an infringement suit. And that is what you want to avoid.

For the best determiner of if you are using the Canon trademark properly and without (too much) legal risk, you can have your website personally reviewed by an IP attorney in your area.

Good luck, geilow01.
 

geilow01

Junior Member
Thanks for clearing that up. Canon had objected to some logo's that were still left on our website which we removed. In my reply, I told them that we still mention that we still service their brands of equipment. Their letter back said they were satisfied.

Thanks for your help!!!!!
 

quincy

Senior Member
Thanks for clearing that up. Canon had objected to some logo's that were still left on our website which we removed. In my reply, I told them that we still mention that we still service their brands of equipment. Their letter back said they were satisfied.

Thanks for your help!!!!!
You're welcome, geilow01. Thank you for the thanks. :)

I am happy to hear that all was resolved with Canon. Thanks for returning to let us know the outcome.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top