A logo, more formally a logotype, is a graphic symbol identifying a particular company or product. A well-designed logo helps a company identify itself and market its products, so businesses are protective of unauthorized logo use. If you want to use another business's logo, you'll have to ask for permission to use the logo on your website, in your store or on your advertising.
A logo is an instant visual identifier that tells customers which company, product line or service they're dealing with. It may include several elements:
Well-known logos include:
Most companies trademark their logos, and design logos they can trademark. That gives the business the right to sue companies that use the logo without permission, or that market themselves with a knockoff design. This is only possible if the logo meets the requirements of trademark law:
If you have a logo that qualifies, you can file with the U.S. Patent and Trademark Office to establish it as a trademark. This gives you considerable legal advantages if someone infringes on it. There are reasons some businesses don't file:
Even a logo that isn't trademarked may be protected at the state level. Don't assume you can use it freely.
There are multiple reasons you might want to use another company's logo. Some of these require an agreement for use of logo/name to keep you from being sued. Others are considered a "fair use" of trademarked or copyrighted material without the owner's consent.
If, say, it's fair use to use the other company's logo on your website, you don't need a permission to use logo agreement. Fair use might apply if you're not doing anything that makes it seem you're part of the company or that the company endorses you. There are some specific fair uses in the law:
Some companies have a standing permission to use logo agreement that authorizes third parties to use a logo. Typical reasons for such logo programs include:
If the need to use the logo isn't covered by fair use or a standing agreement, you need to ask for an agreement for use of logo/name. For example, you'd need permission to use a logo on your website if you want to advertise that your store sells Nike, or you use the Google logo to indicate you've installed that search engine.
In these situations, you need a written permission to use logo agreement. Don't just get a verbal okay from the company; if they change their mind later, a written agreement is your best defense. Your initial steps are to identify the logotype owner, then identify what rights you need to ask for.
Next, contact the logotype owner. You can find a sample letter requesting permission to use a logo online or draw up your own. What the logo owner will want to know is your name and business, and the reason for using the logo. If they're okay with what you want, they may request a fee, though it's often minimal.
The permission to use logo agreement may come with rules about how you display the logo. If you want to avoid trouble, follow them to the letter. Google, for example, has a string of rules about using its logo:
Google also has a list of what not to do with its logo:
Similar rules will appear in most agreements.
If you deploy another company's logo without a permission to use logo agreement, you're taking a legal risk. Depending on the circumstances, you could be hit with a lawsuit, damages or a court order to stop selling your merchandise or to remove the logo from your website.
The first step is usually a cease-and-desist letter from the logo's owner. These happen even if your use is clearly fair use: Olive Garden demanded one blogger reviewing Olive Garden's food eliminate all use of "Olive Garden" in text, keywords or metatags. After the dispute went public, the company dropped the demands and said the request came from an automated trademark-protection bot.
Fair use is a doctrine with blurry boundaries, so be careful about claiming it as a defense. If you're not sure you're on safe ground, either write to the company for authorization or talk to an attorney about the limits of fair use.
Fraser Sherman has written about every aspect of business: how to start one, how to keep one in the black, the best business structure, the details of financial statements. He's also run a couple of small businesses of his own. He lives in Durham NC with his awesome wife and two wonderful dogs. His website is frasersherman.com
Whether you are starting your first company or you are a dedicated entrepreneur diving into a new venture, Bizfluent is here to equip you with the tactics, tools and information to establish and run your ventures.
© 2024 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved.