Since it`s hard to know what falls under fair use, here are some simple reasons why you want to apply for permission to use a trademark or logo: When in doubt, a trademark attorney can help you cover all your bases. This ensures that you do not violate anyone`s rights. Whether you`re looking for permission to use a logo or inscribed your own logo to get legal protection, UpCounsel`s experienced lawyers can help. The Publishing Law Center notes, however, that the ownership of a logo protected by trademark law can exist forever, unlike a copyright. Logos do not even have to be registered as trademarks to be protected under current legislation. This means that using another person`s logo without permission, even if it is not registered, promises to be against the law. If you use a logo or brand on your blog or website, you must read the brand guides. Most companies offer trademark guidelines that outline how to use their intellectual property without counterfeiting. For example, if you use Twitter, you agree to Twitter`s terms of service, which imply the proper integration of the brand. Even if you`re not using a particular service, you should read the brand rules to see what you can and can`t do with a logo or brand.
As long as the work of fiction does not baffle the viewer as to the ownership of the trademark, the use of logos in fiction falls under the name of Fair Use, because it contributes to the realism of a story. Hollywood, however, reversed this rule by selling product placements to brand owners as a means of promotion, which was a lucrative move. Trademarks work a little differently from copyright, because simply printing another person`s logo doesn`t automatically mean you`ve infringed the owner`s rights. This is because most logos are not protected by copyright. Nevertheless, a trademark infringement could give rise to legal action to put an end to the injury. With the exception of the use of a trademark or logo for editorial purposes or in the context of comparative product testimonials, you do not need to obtain permission if the use of the logo sheds light, informs or expresses an opinion protected by the First Amendment of the Constitution. This includes depicting a logo in a work of fiction, whether it`s a graphic novel or a movie.