Legal Considerations for Using Third-Party Logos in Advertising

By Enrique Cheang, E.C.V. & Asociados

The use of third-party logos in advertising is a complex issue that requires careful analysis of intellectual property rights and the applicable legal regulations. At first glance, using another brand’s logo in advertising may seem to infringe trademark rights; however, there are circumstances where this does not necessarily constitute a violation.

1. Permissible Use under the Fair Use Doctrine: In many jurisdictions, the use of registered trademarks may be permissible under the doctrine of "fair use." This principle applies in situations where the logo is used descriptively, comparatively, or for purposes of criticism or commentary. For instance, a company may use another brand's logo to illustrate a product comparison, provided it does not cause consumer confusion regarding the source of the product or service.

2. Context of Use: The context in which the logo is used is crucial. If the logo is used in a manner that prevents consumer confusion about the relationship between the two brands—such as in an advertisement featuring a complementary product—it is less likely to be considered an infringement. Furthermore, logos are often used in informative contexts, such as in review or comparison articles, where referencing other brands supports an argument or provides a more comprehensive perspective.

3. Acknowledgments and Expressions of Gratitude: In certain situations, the use of third-party logos may involve acknowledgment or thanks to an associated or collaborating brand. For example, if a company engages in a joint advertising campaign or collaboration, it may include the other brand’s logo without constituting an infringement, provided there is an explicit agreement and commercial good faith is maintained.

4. License or Authorization: A clear and direct method to avoid any infringement is to obtain permission or a license from the relevant brand. If a company has the brand’s consent to use its logo in specific advertising campaigns, it operates within the legal framework and avoids the risk of violating trademark rights.