Using others logos and trade marks

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N

nks

  • #1
    I have sought some professional advice on this and have had a couple of different answers so thought it might be a good one for my new found business resource!

    We supply retailers all over the uk with highly branded, genuine products. The brands have pretty much 100% penetration. My question is: can I use the logos of the brands we supply on the advertising and Point of Sale that I supply my retailers with ie window cards, posters and flyers?

    We do not buy the products from the trademark/logo owner but from other distributors. I have found it a real challenge to speak to the right people in these various companies to actually get official permission to use their logos and wondered if there was in fact a need to?

    The above is but a brief outline of the issue, I know there are many nuances to trademark law and will expand on the above if needs be. I would greatly appreciate hearing some experience on this one.
     
    Eagle

    Eagle

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  • #2
    If the logos aren't readily available for download on a manufacturer's site (usually accompanied with usage guidance), then seeking permission from them is absolutely essential to keep you out of legal trouble.

    I'm no 'big corporate' but if anyone was to use my logo or associated branding without prior permission I'd go absolutely ballistic! :D

    I've been through this permissions route before and, generally, companies are well onside. Apart from Adobe who are so anal it's untrue.

    :)
     
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    Leon

    Leon

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  • #5
    Eagle said:
    I'm no 'big corporate' but if anyone was to use my logo or associated branding without prior permission I'd go absolutely ballistic! :D
    :)
    Click to expand...

    Quite agree with this by the way. However, in this case there is a chain of responsibility that links both parties. Being devils advocate Eagle, how ballistic would you get if someone used your branding but were actively selling your own products (legality aside)?
     
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    Antonia @limeone.com

    Antonia @limeone.com

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    Chester
  • #6
    You need permission and this should have been covered in the terms of your distribution agreement. As it has not then you need to go to the owner in writing and get permission in each and every occasion you use it. Legal advice will be consistent on this point and you lay yourself open to litigation without formal written permission on each case of use.
     
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    Eagle

    Eagle

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  • #7
    Leon said:
    ...how ballistic would you get if someone used your branding but were actively selling your own products (legality aside)?
    Click to expand...
    Regardless of whether they were actively reselling (I have only two appointed resellers in the world, by the way) if they didn't ask permission, they'd be swiftly struck off! :D
     
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    Leon

    Leon

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  • #8
    :) I am totaly with you on that one, Eagle. I want to have total control of my brand and how it is portrayed. I design any corporate branding that say, our business partners use, for this very reason.

    I was of course being mischievous in posing the question:D
     
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    Y

    YEM

  • #9
    nks said:
    Thanks Eagle, so what do you think is the best way to contact the companies? Letter? Telephone seems impossible...
    Click to expand...

    Hi,

    We have used other companies logos and never had a problem getting permission. We just pick up the phone. It may be the case that you are calling the wrong person, Top Tip - call the switchboard and explain what department you are looking for, in our experience, the switchboard operator is usually friendly and will help as much as they can.

    If they cannot help, ask for the details of the companies PR agency/marketing agency who should also be able to help
     
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    Eagle

    Eagle

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  • #13
    handsongroup said:
    Eagle, email may be quicker but not necessarily the best way. By letter so that the copyright owner will reply by letter on a letterhead. This indicates they have authority to give permission and not just any employee behind an email.
    Click to expand...
    Absolutely. But to speed the initial process up, there's no harm in obtaining permission via email. I've done this in the past with Sony, Canon, Corel, Kodak, Fuji and dozens of other major corporates with total success.
     
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    V

    VeryMark

  • #16
    Using somebody else's trade mark to sell their own genuine products is legally permissible but specific consent in writing may be necessary to use a logo if it carries the message that you are a franchised dealer/authorised distributor.

    For example, if you see the Ford sign on a car showroom you'd thing they were part of the official network, whereas a Coca-Cola sign in a shop probably carries the simple message just that they sell Coca-Cola.

    In addition to the above, you also ned to be careful of using someone else's logo because, apart from trade mark considerations, it may be subject to copyright as well.

    Our website at www.crossguard.info has a lot of free information on trade marks and copyright.
     
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    N

    nks

  • #17
    Thanks crossguard; we've now written to the companies and await their reply. Its interesting what you say about the logo denoting 'official' status. I wonder if that does count in our case or not? Also, I have heard that if using the logo is important in customers determining what it is your selling, that goes in your favour too...

    At present we use the POS supplied to us by an official UK distributor of the products we supply but I want more control over what I supply my customers.

    Either way, I'd rather just get those letters back telling me I can sprawl their logos across my back if I wish. Joke.
     
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