Advertising featuring a brand logo – What you need to know about trade mark law

Eye-catching, memorable designs are the be-all and end-all in advertising. If you want to be remembered, you have to shine with creativity, individuality and sophistication. In textile finishing in particular, brand logos that have been altered in a humorous or ironic way are hugely popular. But is this actually allowed? Time and again, advertising featuring other people’s trademarks leads to legal disputes. If a trademark infringement occurs, heavy fines may be imposed. We explain what advertising specialists absolutely need to know about trade mark law to ensure they are always on the safe side when it comes to textile printing and related activities in future.

A trade mark serves to identify a company’s own products or services in such a way that they can be clearly distinguished from those of competitors. By registering a trade mark, companies secure legal protection for their trade mark. However, even the mere fact that a trade mark is widely recognised automatically affords it protection against use by third parties. This even results in dual protection, particularly for large companies. Trademark symbols may therefore only be used with the express consent of the trademark owner. The symbol may be an icon or a logo, but it may also simply be a name or a slogan. The use of Apple’s famous apple symbol is therefore just as prohibited as the Coca-Cola lettering or the word mark ‘Oliver Kahn’. Even some towns have their names protected. So be sure to check in advance whether you can print your ‘I love’ T-shirt without facing legal consequences.

Legally, this is laid down in the Trade Marks Act. Section 14(2) states that third parties are prohibited from using a sign for commercial purposes without the proprietor’s consent if it is identical to the trade mark or so similar that there is a likelihood of confusion. Even if the sign could merely be associated with the trade mark, the proprietor has the right to take action against such use.

Advertisers are therefore prohibited from using a brand logo exactly as it is when designing their own products. Whether T-shirts, caps, cotton bags or mugs – the variety of materials that can be printed on is virtually endless. The choice of design is just as vast – provided you steer clear of logos and slogans protected by trade mark law. Everyone knows that it is unlawful to mislead buyers with a cheap copy of well-known branded products. Some promotional product manufacturers try to circumvent trade mark law by making minor alterations to the original brand’s logo. However, caution is advised here too, due to the risk of confusion. Only if it is immediately apparent that the modified logo does not correspond to the original can any misconception regarding the product’s commercial origin be ruled out. And only then does the product not infringe trade mark law.

Furthermore, you must also observe the right to privacy, which strictly prohibits the misuse of images of well-known public figures for advertising or commercial purposes. You should therefore refrain from using images of celebrities – or even just their names – on your textile products.

Particularly in the case of ironic or humorous alterations to a protected trademark logo, it is also important to ensure that the original trademark is not defamed. With satirical remarks in particular, the line between humour and mockery is often a fine one. You should therefore check carefully whether the criteria mentioned apply to your chosen design, or whether you are not infringing trade mark law in the interests of artistic freedom.

Before offering self-printed T-shirts, caps and the like for sale, it is essential to find out about existing trade mark rights. Comprehensive information on registered trade marks can be found, for example, on the website of the German Patent and Trade Mark Office (DPMA). In each individual case, check carefully whether you are complying with the legal requirements before using a third-party trade mark logo for your own promotional purposes. Of course, you can also ask the trademark owner for limited rights of use. If in doubt, we recommend that you always seek advice from a specialist lawyer in intellectual property law. That way, you’re guaranteed to be on the safe side. YOW! wishes you every success with your promotional project!