Can I use another company's slogan for my advertising campaign?
September 5, 2023 | 50,00 EUR | answered by Robert Lehmann
Dear trademark attorney,
My name is Selma Wolf and I am the managing director of a small company specializing in sustainable fashion. For our next advertising campaign, we have developed a slogan that perfectly fits our company and represents our values and products optimally. However, we have noticed that a larger company is already using a similar slogan.
We are unsure if it is legally allowed to use the slogan of the other company for our advertising campaign. We do not want to risk any legal consequences and would like to know if we can use our slogan as planned.
Our concern is that the other company may take legal action against us if they find out that we are using their slogan for our purposes. We want to avoid getting involved in a legal dispute and are therefore looking for clear and legal solutions to our problem.
Could you please clarify if we are allowed to use the slogan of the other company for our advertising campaign? If not, what alternatives are available to us and how can we ensure that we do not commit any legal violations?
Thank you in advance for your help and advice.
Sincerely,
Selma Wolf
Dear Mrs. Wolf,
Thank you for your inquiry regarding the slogan for your advertising campaign. It is understandable that you are concerned about risking legal action from the other company if you were to use their slogan. In trademark law, it is important to respect the rights of other companies and avoid infringement.
In trademark law, the principle of similarity and likelihood of confusion applies. If the slogan you have developed is too similar to the other company's slogan and there is a likelihood of confusion, you could indeed face legal issues. In such a case, the other company could take legal action against you to stop the infringement of their trademark rights.
To ensure that you do not commit any legal violations, I recommend conducting a trademark search. This will determine if the slogan you have chosen is already protected as a trademark and if there are any similarities to existing trademarks. Such a search can help you determine whether you can use the slogan safely or if there could be conflicts with other trademark owners.
If it turns out that the other company's slogan is protected and you cannot use it, you should look for alternatives. For example, you could develop a similar slogan that is clearly distinguishable from the existing one. It is important that your new slogan is unique and does not pose a likelihood of confusion with other trademarks.
Additionally, I recommend consulting a trademark lawyer for professional advice. A lawyer can help you minimize legal risks and assist you in developing a suitable slogan for your advertising campaign.
I hope that this information has been helpful to you. If you have any further questions or need professional assistance, please feel free to contact me.
Best regards,
Robert Lehmann, Trademark Lawyer
