Using Someone Else’s Trademark in Your Ads

We often see ads or signs using company logos. A common example is a car repair shop mentioning they service brands like BMW or Audi, displaying their logos.

In digital marketing too, it’s not just the owners who might want to use certain trademarks. So, what should you know about legally using someone else’s trademark?

What is a Trademark?

A trademark can be any sign that can be shown graphically:

• A word or several words;
• A drawing;
• An ornament;
• A color combination;
• A 3D shape, including the shape of a product or its packaging.

Even a melody or another sound signal can be a trademark. These signs primarily help distinguish one company’s goods and services from another’s.

Trademarks and Protection Rights

Trademarks get legal protection. This means once you register one, you have the exclusive right to use it for business purposes across Ukraine or any other specified country.

Does this exclusive right mean no one else can use the same sign? Not exactly. Industrial property law doesn’t let trademark owners completely forbid others from using their mark in advertising and trade.

Such use is allowed only if it meets the legitimate needs of the user and the customer, and follows fair practices in production, trade, or service provision.

Breaking Trademark Protection Laws

However, using a trademark against the rules can lead to trouble. If someone’s trademark rights are violated, they (or someone authorized by law) can demand the violator stop, hand over any unfairly gained profits, and pay for damages.

Conditions for Using Someone Else’s Trademark

How can you minimize these risks? Court practice shows it’s possible in these situations:

• Providing information about a product must not harm the reputation of the registered trademark.
• Using someone else’s trademark is allowed if it doesn’t misleadingly suggest an economic connection between the trademark owner and the person using it for advertising or providing information about their goods or activities.

What should you do if you want to use someone else’s trademark in your ads?
The safest way is simply to get permission or a license from the authorized body that owns the trademark (cooperation agreements often include clauses about this).