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Author Topic: Can I use copy and mark from a company that is owned by a foreign government?  (Read 701 times)

mojobadshah

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I noticed that USPS requires permission in order to use their logo for commercial use.  Do I have to ask a foreign government whether I can use copy, mark, and logo from one of its companies in order to use it in commerce, say online? 
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Zonath

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In general, I would advise against it, unless you can ensure this company would have absolutely no trademark rights under US trademark law, and that you wouldn't be violating the law of any country where your infringing use might be targeted.  Assuming you also wished to use copyrightable materials, you would need to ascertain the status of those rights prior to use, as well.
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mojobadshah

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Well if that company's copy or mark isn't registered with the USPTO am I good?
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Zonath

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Not necessarily.  The company may still have rights to the mark as an unregistered mark, since the right to the mark is created through use, not through registration.  Likewise, copyright is automatic and requires no registration for copyright protection to apply.
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