Trademark Usage in Video Ads: Do's & Don'ts
Nitin is the CEO of quickads.ai with 20+ years of experience in the field of marketing and advertising. Previously, he was a partner at McKinsey & Co and MD at Accenture, where he has led 20+ marketing transformations.
When using trademarks in video ads, it's crucial to follow legal guidelines and best practices to avoid legal issues and protect your brand's reputation. Here are the key points:
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Do's
- Use trademarks only to describe products or services
- Get permission for extensive trademark use
- Properly attribute trademark ownership, e.g., "KalmKap is a registered trademark of ABC Medical Company"
- Show multiple brands to avoid implying association with a specific trademark owner
- Include a trademark notice at the end of the video
- Use trademarks nominatively (to identify products/services, not imply affiliation)
- Maintain trademark integrity and avoid dilution or misuse
Don'ts
- Imply sponsorship or endorsement without permission
- Mislead viewers with false or inaccurate comparisons
- Use trademarks in a confusing or deceptive way
- Falsely suggest association with the trademark owner
- Make claims without documented evidence
Following these guidelines ensures compliance with trademark laws, maintains consumer trust, and protects your brand's integrity in video advertising.
Quick Comparison: Trademark Usage in Video Ads
| Do | Don't |
|---|---|
| Use trademarks to describe products/services | Imply sponsorship or endorsement without permission |
| Get permission for extensive use | Mislead with false or inaccurate comparisons |
| Attribute trademark ownership | Use trademarks in a confusing or deceptive way |
| Show multiple brands | Falsely suggest association with trademark owner |
| Include trademark notice | Make claims without evidence |
| Use trademarks nominatively | - |
| Maintain trademark integrity | - |
1. Use Proper Trademark Symbols
Using the right trademark symbols in video ads is important for legal reasons, clarity for viewers, and maintaining your brand's image.
Legal Compliance
- The ® symbol can only be used after your trademark is officially registered. Using it before registration could lead to legal issues.
- The TM and SM symbols can be used without registration, but they don't offer the same legal protection as the ® symbol.
Viewer Clarity
- Using trademark symbols consistently shows viewers that a brand, product, or service is linked to a specific company.
- This clarity helps build trust and recognition with viewers.
Brand Image
- Using proper trademark symbols ensures your brand is represented consistently across all platforms, including video ads.
- Consistency reinforces your brand's identity and helps build a strong brand image.
| Trademark Symbol | Usage |
|---|---|
| ® | For registered trademarks only |
| TM | For unregistered trademarks |
| SM | For unregistered service marks |
2. Get Permission for Extensive Trademark Use
Using someone else's trademark extensively in video ads requires permission. This section explains why getting permission is important.
Legal Compliance
If you plan to use a trademark in a significant way, like featuring it prominently or comparing it to your products, you must get permission from the trademark owner. Failing to do so could lead to legal issues.
Avoiding Confusion
Using a trademark without permission can mislead viewers into thinking there's an endorsement or affiliation when there isn't. For example, if you feature a client's logo in your video ad, make sure you have their permission to avoid confusing the audience.
Getting Permission
When obtaining permission to use a trademark, get it in writing. This protects you legally and ensures you're using the trademark correctly. If required, include any necessary attributions or disclaimers.
| When to Get Permission | Examples |
|---|---|
| Extensive use | Featuring a trademark prominently |
| Comparing to your products | Using a competitor's trademark for comparison |
| Using client logos | Displaying a client's logo in your video ad |
It's better to be cautious and get permission when using trademarks extensively in video ads. This avoids legal issues and prevents misleading your audience.
3. Avoid Misleading Viewers
Legal Compliance
When using trademarks in video ads, it's crucial to avoid implying any endorsement or connection with the trademark owner. Doing so can lead to legal issues and damage your brand's reputation. Only use trademarks to identify the product or service, not to suggest an affiliation.
Clear Communication
To maintain clarity, distinguish trademarks from your brand. For example, when comparing your product to a competitor's, make it clear you're not affiliated. Use disclaimers or attributions to state the relationship between your brand and the trademark owner.
Brand Integrity
Maintain brand integrity by avoiding misleading or deceptive use of trademarks in video ads. Don't imply your product is superior or endorsed by the trademark owner when it's not.
| Misleading Use | Proper Use |
|---|---|
| Implying endorsement or affiliation | Only using trademarks to identify products/services |
| Suggesting your product is superior | Clearly distinguishing your brand from trademarks |
| Claiming endorsement without permission | Using disclaimers or attributions to clarify relationships |
4. Use Trademarks Nominatively
When making video ads, it's important to use trademarks nominatively to avoid legal issues. Nominative use means using another company's trademark to identify their product or service, not to imply any affiliation or endorsement.
Legal Compliance
To comply with the law, ensure you're using the trademark only to identify the product or service, not to suggest sponsorship or endorsement. For example, if you're comparing your product to a competitor's, you can use their trademark to identify their product, but make it clear you're not affiliated.
Consumer Clarity
Distinguish the trademark from your brand. Use disclaimers or attributions to state the relationship between your brand and the trademark owner. This prevents consumer confusion and ensures your audience understands the difference between your brand and the trademarked product or service.
Permission and Attribution
While nominative use is allowed, consider getting permission from the trademark owner if you're using their logo or branding extensively. Also, provide proper attribution to the trademark owner to maintain transparency and avoid legal issues.
| Nominative Use | Example |
|---|---|
| Identifying a product or service | "Our product works with [Competitor's Trademark] devices." |
| Comparing to a competitor | "Our [Product] is faster than [Competitor's Trademark]." |
| Using a logo or branding | Obtain permission and provide attribution. |
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5. Maintain Trademark Integrity
When creating video ads, it's crucial to maintain trademark integrity to avoid legal issues and protect your brand's reputation. Here are some key points:
Legal Compliance
- Always use trademarks in a way that doesn't infringe on the trademark owner's rights.
- Avoid unauthorized use, misrepresentation, or dilution of the trademark.
- Familiarize yourself with the trademark owner's guidelines and policies to ensure proper usage.
Consumer Clarity
- Clearly distinguish your brand from the trademarked product or service.
- Use disclaimers or attributions to indicate the relationship between your brand and the trademark owner.
- This prevents consumer confusion and ensures your audience understands the difference between your brand and the trademarked product or service.
Brand Integrity
| Protect Your Brand | Avoid |
|---|---|
| Be truthful and transparent in your advertising | Deceptive or misleading actions |
| Avoid making false or unsubstantiated claims | Actions that could damage your reputation |
Maintaining brand integrity is crucial for:
- Building trust with your audience
- Establishing a positive reputation
6. Acknowledge Trademark Ownership
Acknowledging who owns a trademark is important in video ads. This helps avoid legal issues and keeps your brand's reputation positive.
Follow the Law
When using trademarks in your video ads, include a notice stating who owns the trademark. This notice can be shown during the credits or at the end of the video. For example:
"KalmKap and the Heart Logo are registered trademarks of ABC Medical Company."
This shows you respect the trademark owner's rights.
Get Permission and Give Credit
If you're using trademarks a lot in your video ads, get permission from the trademark owner. Also, give proper credit to show the relationship between your brand and the trademark owner. For instance:
"EZ Wear is the trademark of XYZ Medical Services and CapSmart is a trademark of KLM Services. ABC Medical Company is not associated with either XYZ Medical Services or KLM Services."
This clears up any confusion and shows you respect the trademark owner's rights.
7. Avoid Unauthorized Endorsement
Follow the Law
Using someone's image or a company's trademark without permission can lead to legal issues:
- Right to publicity lawsuits: For example, actress Jennifer Love Hewitt sued a weight-loss spray company for using her image without consent.
- FTC violations: The Federal Trade Commission can take action against misleading endorsements.
Be Honest with Viewers
Unauthorized endorsements can damage your brand's reputation and public trust:
- Viewers may see your brand as dishonest or misleading.
- This can harm your business and relationships with customers.
Get Permission and Give Credit
To avoid legal and public relations issues:
| Do | Don't |
|---|---|
| Obtain permission before using someone's likeness or trademark | Use endorsements without authorization |
| Clearly attribute and disclose any relationships with endorsers | Imply endorsements that don't exist |
Being transparent about endorsements helps maintain consumer trust and keeps your brand out of legal trouble.
8. Prevent Trademark Dilution
Trademark dilution happens when a third party uses a mark in a way that weakens or damages the reputation of a famous mark. This can occur even if there is no consumer confusion. To avoid trademark dilution in video ads:
Follow the Law
- Ensure your use of trademarks does not violate federal trademark laws, such as the Federal Trademark Dilution Act of 1995.
- Understand the legal requirements for using famous marks and take steps to prevent dilution.
Avoid Confusion
- Do not use marks in a way that could blur or tarnish the reputation of a famous mark.
- Be mindful of how your use of marks may impact consumer perception and the value of the famous mark.
Protect Your Brand
- Use marks consistently and correctly to maintain your brand's integrity.
- Avoid using marks that may be perceived as inferior or low-quality, as this can negatively impact your brand's reputation.
| Trademark Dilution | How to Prevent It |
|---|---|
| Blurring the distinctiveness of a famous mark | Ensure your use does not create confusion or diminish the mark's value |
| Tarnishing the reputation of a famous mark | Avoid using marks in a way that could be perceived as inferior or low-quality |
| Violating federal trademark laws | Understand and follow legal requirements for using famous marks |
9. Truthful Comparative Advertising
When comparing your products or services to competitors' offerings in video ads, it's crucial to be truthful and fair. This helps avoid legal issues and protects your brand's reputation.
Follow the Law
- Comply with federal trademark laws and regulations
- Avoid false or misleading statements that could confuse viewers
- Ensure you have permission to use a competitor's trademark
Clear for Viewers
- Make comparisons easy to understand
- Highlight key benefits and advantages simply
- Avoid complex language that may confuse viewers
Protect Your Brand
- Don't make false or misleading claims
- Substantiate all claims with evidence and data
- Avoid statements that could be seen as deceptive or unfair
| Truthful Comparative Advertising | Misleading Advertising |
|---|---|
| Complies with trademark laws | Violates trademark laws |
| Uses clear, simple language | Uses complex, confusing language |
| Highlights factual advantages | Makes false or unsubstantiated claims |
| Protects brand integrity | Damages brand reputation |
10. Proper Attribution
When using trademarks in video ads, it's crucial to give proper attribution. This means acknowledging who owns the trademark and ensuring you don't infringe on their rights.
Following the Law
Proper attribution helps you comply with federal trademark laws and regulations. You must get permission from the trademark owner before using their mark, especially if you plan to use it extensively.
Clarity for Viewers
Clear attribution avoids confusing viewers. It makes it clear who owns the trademark. This is important when comparing your products or services to competitors'. By properly attributing the trademark, viewers understand the difference between your brand and others.
Protecting Your Brand
Proper attribution shows respect for others' intellectual property rights. This helps build trust with your audience and protects your brand's reputation.
How to Attribute
When using a competitor's trademark, get permission and provide proper attribution. You can do this by:
- Including a notice at the end of the video, such as "KalmKap is a registered trademark of ABC Medical Company."
- Using a trademark legend, usually found at the end of a document, following the copyright notice.
| Proper Attribution | Example |
|---|---|
| Notice at video end | "KalmKap is a registered trademark of ABC Medical Company." |
| Trademark legend | Trademark legend following copyright notice |
Trademark Do's and Don'ts in Video Ads
| Do | Don't |
|---|---|
| Use trademarks to describe products or services | Imply sponsorship or endorsement without permission |
| Get permission for extensive trademark use | Mislead viewers with false or inaccurate comparisons |
| Properly attribute trademark ownership | Use trademarks in a confusing or deceptive way |
| Show multiple brands to avoid implied association | Falsely suggest association with the trademark owner |
| Include a trademark notice at the end of the video | Make claims without documented evidence |
Do's Explained
1. Use trademarks to describe products or services
You can use trademarks to identify and describe products or services in your video ads. For example, "Our product works with [Competitor's Trademark] devices."
2. Get permission for extensive trademark use
If you plan to use a trademark extensively, such as featuring a logo prominently or making direct comparisons, obtain written permission from the trademark owner.
3. Properly attribute trademark ownership
Clearly state who owns the trademark. You can do this with a notice at the end of the video, like "KalmKap is a registered trademark of ABC Medical Company."
4. Show multiple brands to avoid implied association
When comparing products, show multiple brands to avoid implying an association with a specific trademark owner.
5. Include a trademark notice at the end of the video
Add a notice at the end of the video to acknowledge trademark ownership and avoid legal issues.
Don'ts Explained
1. Imply sponsorship or endorsement without permission
Don't suggest that a trademark owner sponsors or endorses your product or service without their explicit permission.
2. Mislead viewers with false or inaccurate comparisons
Ensure any comparisons to competitors' products or services are truthful and accurate. Avoid false or misleading claims.
3. Use trademarks in a confusing or deceptive way
Don't use trademarks in a way that could confuse or deceive viewers about the relationship between your brand and the trademark owner.
4. Falsely suggest association with the trademark owner
Don't imply an association or affiliation with a trademark owner unless you have their permission.
5. Make claims without documented evidence
Any claims or comparisons you make in your video ads should be backed up with documented evidence or data.
Key Takeaways
To follow trademark laws and avoid legal issues, keep these points in mind:
- Use trademarks only to describe products or services. Get permission for extensive use.
- Clearly state who owns the trademark, like "KalmKap is a registered trademark of ABC Medical Company."
- Show multiple brands to avoid implying association with a specific trademark owner.
- Make truthful comparisons. Don't mislead viewers or make claims without evidence.
- Don't suggest sponsorship or endorsement without permission.
- Use trademarks nominatively (to identify products/services, not imply affiliation).
- Maintain trademark integrity. Don't dilute or misuse trademarks.
| Do | Don't |
|---|---|
| Use trademarks to describe products/services | Imply sponsorship or endorsement without permission |
| Get permission for extensive trademark use | Mislead viewers with false or inaccurate comparisons |
| Properly attribute trademark ownership | Use trademarks in a confusing or deceptive way |
| Show multiple brands to avoid implied association | Falsely suggest association with the trademark owner |
| Include a trademark notice at the end of the video | Make claims without documented evidence |
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Trademark Usage in Video Ads: Do's & Don'ts