Can I use the logo of another company slightly modified for my brand?
December 7, 2023 | 50,00 EUR | answered by Robert Lehmann
Dear lawyer,
my name is Mia Tressel and I am the founder of a small start-up in the field of fashion accessories. I have developed an idea for a logo that I really like and that I believe perfectly fits my brand. However, I have noticed that the logo is very similar to that of an already established brand. I would like to know if it is legally possible to use the logo of the other company, slightly modified, for my brand.
The situation is as follows: My logo consists of a stylized animal surrounded by geometric shapes in pastel colors. The logo that served as inspiration for me also features an animal, but in a different representation and with different colors. Nevertheless, there are some similarities in the shape and color scheme.
I am concerned that I may risk legal consequences if I use my logo due to the similarities to the logo of the other company. At the same time, I do not want to give up my logo, as it is very important to me and I believe it fits well with my brand.
My question to you as an expert in trademark law is therefore: Is it allowed to use the logo of another company, slightly modified, for my brand? Are there any potential legal pitfalls that I should be aware of? And what steps could I take to ensure that my logo is legally sound?
Thank you in advance for your help.
Sincerely,
Mia Tressel
Dear Mrs. Tressel,
Thank you for your inquiry regarding the use of a logo that is similar to that of an already established brand. As a lawyer specializing in trademark law, I can provide you with some important information on this topic.
Firstly, it is important to know that trademark law aims to protect the rights of brand owners and prevent confusion between different brands. If your logo is similar to the logo of another brand, there is a risk of confusion arising, which could lead to legal consequences.
To determine if the use of your logo is legally permissible, a so-called likelihood of confusion test should be conducted. This test examines whether your logo is so similar to the logo of the other brand that consumers could be confused. Various factors come into play, such as similarity in design, color scheme, industry proximity, and the popularity of both brands.
In your specific case, where your logo features a stylized animal and geometric shapes in pastel colors, and the logo of the other brand also depicts an animal in a different representation and color scheme, there are some similarities but also clear differences. However, depending on the circumstances, there could still be a likelihood of confusion, especially if the other brand is already well-known and targets a similar audience.
To ensure that your logo is legally sound, I recommend conducting a professional trademark search. This will determine if your brand clashes with existing brands and if any conflicts may arise. Additionally, it may be wise to seek legal advice and consider filing a trademark application for your logo to protect your rights and avoid potential legal pitfalls.
Lastly, I want to emphasize the importance of designing your logo with uniqueness and originality in mind to avoid conflicts with existing brands. If you have any further questions or require legal assistance, I am happy to help.
Best regards,
Robert Lehmann
