Nominative Use Law and Legal Definition

Nominative use of a trademark is the use of a mark by a third party merely to identify or refer to the goods or services of the mark’s owner. A person can use the trademark of another as a reference to describe the other product, or to compare it to their own. It is not to identify goods or services of the third party. Such a use is unlikely to cause confusion. Therefore, it is not actionable as infringement. Nominative use is also known as fair use.