As an artist, you may wonder if there are any scenarios in which you might use a trademark without the owner’s prior permission.
The simple answer is that you can use another person’s or company’s trademark if you use it for informative or editorial reasons to identify particular items and services, or if it is part of an accurate comparative product statement.
Trademark and Copyright
A trademark agreement is a legally enforceable contract that permits a non-owner of a registered brand to make “fair use” of it without the owner’s consent. In other words, even if the logo is unregistered, it is prohibited to use it without authorization.
There are components in a logo that are aesthetic or design-related (e.g. In other words, a work of art (rather than merely the name) is legally regarded as a work of artistic production and is so protected by copyright. As a creative creation, a logo is protected by copyright.
Trademark Infringement
Trademark law protects distinctive words, phrases, logos, symbols, slogans, and any other devices used in the marketplace to identify and differentiate products or services. When a trademark is registered with the United States Patent and Trademark Office (USPTO), the trademark owner has the right to enforce the mark across the United States.
The illegal use of another person’s or company’s registered brand is referred to as trademark infringement. In this case, the company might file a trademark infringement lawsuit. It may not only obtain a court order forcing you to stop infringing, but it may also obtain monetary damages.
You cannot draw the company logo unless you sell them to the corporation. By reproducing the logos on signs, you may be breaching copyright laws as well as trademark laws if you use them in a way that is not permitted by the firm.
Trademark Informational Uses
Copyright, trademarks, and personal rights cannot be used to restrict people from expressing themselves, providing their opinions, or exercising their First Amendment rights, including free speech rights. Art is expressed through its manifestation.
The use of a trademark for informational (or “editorial”) purposes does not require authorization from the owner. These are uses that inform, educate, or express ideas that are protected by the First Amendment.
An artist may include another person’s registered trademark if the piece of art is the outcome of a creative process that is not meant to harm the trademark owner or the registered brand. You may also utilize trademarks for parody or criticism.
To lawfully sell things with a trademark that you do not own, you must first seek permission from the trademark owner. Most trademark owners zealously defend their rights and are prepared to go to any length to safeguard their trademarks against tiny, local firms
The Bottom Line
Unless it is for editorial or content objectives, such as appearing in published papers, textbooks, etc., the usage of a logo is necessary. It is never a good idea for third parties, including programs and business logos, to utilize someone else’s logo without permission.
