• Using a competitor’s registered trade mark in a comparative product or service advertisement may attract liability under the Trade Marks Act if it is used in a manner likely to have the effect of depreciating the value of the goodwill attaching to it.

• It may also attract liability under other grounds if it is false or misleading. It is easy to inadvertently mislead consumers if the service or product is not identical in all respects.

• If an advertiser appears to be using a trade mark (owned or used under license by a third party) improperly, then immediately advise your manager.

• Advertisements or other publications which infringe a third party registered trade mark can cost BYP time and money to respond to and remedy.

• Avoid expressly identifying a competitor or their trade mark;

• Avoid making broad or inappropriate claims;

• Use appropriate qualifiers;

• Ensure that advertising claims are true and supported by objective evidence;

• Focus on positive features of the service or product rather than attacking the competitor's service or product;

• If in doubt seek your manager’s counsel.