Even though using the logo as part of a comparative statement in an advertisement, such as comparing one fast food restaurant's hamburger to another, falls under "fair use," comparative statements tend to provoke companies into legal action.This can even include business-sponsored activities such as public presentations. Commercial uses such as promotion, advertising, and marketing require written permission from trademark owners except in the cases of editorial or comparative advertising use.This is a direct violation of the owner's trademark rights. The logo's size, usage, or placement implies that you are affiliated with the trademark owner, or that you're being endorsed by the company.This will require a trademark license as they are considered intellectual property of the business or logo owner. You want to use a third party's logo or trademark to make and sell crafts.Since it's difficult to know what falls under "fair use of logos" here are some straightforward reasons why you would want to request permission to use a trademark or logo: Receive your trademark permission in writingįair Use of Logos: Getting Permission to Use a Logo. Contact the owner with a description of your intended use and negotiate the required payment, if any.Identify which rights you need to request.Determine if gaining permission is necessary. When you decide that you need to use a trademark or logo, here are the steps you should follow: This means that using someone else's logo without permission, even if it's unregistered, is against the law. Logos don't even need to be registered as trademarks to be protected under current law. However, the Publishing Law Center states that, unlike a copyright, a trademarked logo's ownership can last forever. When in doubt, it's best to consult an experienced attorney to learn whether you should use a trademark or logo. The United States Patent and Trademark Office ( USPTO) cannot decide if a certain use falls under the "fair" category or even advise on any trademark violations. Unfortunately, there is no hard and fast rule determining what "fair use" actually means. This scenario could result in a company complaint. You also don't need to ask formal permission from a corporation to use its logo if the usage doesn't create any impressions that the logo endorses or associates with another company. Fair use includes using a logo in editorial content, among other situations. The United States trademark law as stated in the Lanham Act allows a non-owner of a registered trademark to make " fair use" of it without permission. However, receiving permission gives you the legal right to go ahead and use it without worrying about any repercussions. The trademark law naturally grants legal protection to its owner against anyone using it unlawfully. Getting permission to use the logo of other businesses is essential because doing so provides your party with legal protection from trademark infringement. Trying to replace a company's logo with your own goes against the company's written policy and is never allowed without a written agreement. A policy may indicate that the retailer or reseller can never change the trademark or corporate logo appearing on company products. More than that, trademarked companies often have resale policies for their products. However, even then, third parties cannot use logos as part of their marketing campaigns without a specific agreement. Depending on the company, the logo program may state any specific requirements and technological compatibility, company relationships, and program membership information. In certain cases, a person or company involved in logo programs give third parties standing permission to use their trademarks. Third parties should never use someone else's logo without a licensed agreement, including program and corporate logos. Include a description of why you are asking and how the logo will be used. To get permission and avoid trademark infringement, write a letter to the trademark owner. A person or company should never use a trademark or logo without written permission from its owner. Other than these two instances, you should never assume you can use a trademarked logo. You need permission to use a logo unless it is for editorial or information purposes, such as when a logo is used in a written article or being used as part of a comparative product statement. Updated September 6, 2021: Can You Use Logos Without Permission?Ī logo or trademark is any photograph, word, or symbol used to identify a brand, service, or product.
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