Can I use a registered trademark in a software to indicate a file type?
<p>I develop a software that contains a file viewer. For the sake of usability I would like to indicate also the &quot;file type&quot;. Let's assume I display a Photoshop file. Am I allowed to refer to the file as &quot;Adobe Photoshop File&quot;?</p>
<p>Technically I use a trademark in my application which I don't own. I am just wondering what my options are here. Thank you!</p>

<p>Under United States law: <strong>Using a trademark solely to refer to files compatible with a trademarked program would be allowed under the doctrine of <em>nominative fair use</em>.</strong></p>
<p>The Ninth Circuit sets out the three-part test for nominative fair use in <a href="https://casetext.com/case/new-kids-on-the-block-v-new-america-pub-inc#p308" rel="noreferrer"><em>New Kids on the Block v. New America Pub, 971 F.2d 302 (9th Cir. 1992)</em></a>:</p>
<ol>
<li>&quot;[T]he product or service in question must be one not readily identifiable without use of the trademark&quot;</li>
<li>&quot;[O]nly so much of the mark or marks may be used as is reasonably necessary to identify the product or service&quot;</li>
<li>&quot;[T]he user must do nothing that would, in conjunction with the mark, suggest sponsorship or endorsement by the trademark holder.&quot;</li>
</ol>
<p>Simply referring to the name of a trademarked program to describe its file format (and not doing so in a way that suggests &quot;sponsorship or endorsement by the trademark holder,&quot; such as slapping a &quot;Certified Adobe Photoshop Compatible&quot; sticker on the box or something like that) would meet these requirements.</p>
<p>The International Trademark Association elaborates a bit on the doctrine and gives some examples <a href="https://www.inta.org/fact-sheets/fair-use-of-trademarks-intended-for-a-non-legal-audience/" rel="noreferrer">here</a>.</p>

trademark