Launching an advertising campaign can expose your business to potential trademark liability. In today's competitive landscape, companies should be vigilant in protecting their intellectual property by taking action against competitors using words, slogans, logos, or other elements they believe infringe on their trademarks.
If you are a business that wants to venture into online advertising, this article will list the legal guidelines for promoting your online brand.
Advertising and Trademark: At a Glance
Businesses using advertising primarily focus on creating intellectual property (IP). An advertising campaign typically includes a mark, a logo, or a slogan conveyed to target audiences through words, images, and sounds. Many of these components may qualify for legal protection as intellectual property rights.1
Since trademarks are crucial in advertising, the consistent use of trademarks requires an understanding of how you can apply trademark law in the advertising landscape.
Legal Guidelines for Online Advertising and Trademark Use
Businesses engaging in advertising should develop effective policies and strategies to recognize and safeguard their trademarks through legal mechanisms, which may involve:
1. Avoid Infringement and Consumer Confusion
Online advertising can effectively highlight your product or service, but it must be used carefully. While laws against false advertising are well-established, trademark law imposes limitations on using trademarks.
The gravamen of trademark infringement is the element of likelihood of confusion.2 Accordingly, if advertising could mislead consumers while they are on, for example, a quick social media scroll, then it may constitute infringement.
Additionally, you must avoid using others' images, illustrations, photos, or ad content without proper authorization, as these are likely protected by copyright. Unauthorized use of such materials can lead to serious legal consequences.
2. Know your limits in online advertising
Online advertising utilizes cyberspace which is a system that accommodates millions and billions of simultaneous and ongoing individual accesses to and uses of the internet.3 As such, advertising online increases business growth at a much faster pace, but this can also put your business at risk of infringement or unauthorized use by other advertisers. For this reason, knowing the legal guidelines is crucial to advertise your brand.
3. Register your trademark as a domain name
Online advertising includes involves domain names. It can be frustrating for customers to locate a company’s website or, worse, end up on a competitor’s or unrelated site. Hence, businesses should consider registering their trademark as a domain name before others can claim it.4 Similarly, internet-based companies that establish and register a domain name should also secure it as a trademark to strengthen their corporate identity and brand protection.
Conclusion
In the digital age, there is a seeming synergy between trademarks and the advertising industry. By following the guidelines set by the law, businesses can ensure a trustworthy online presence, preventing potential infringement, and ultimately securing a competitive edge in an increasingly competitive marketplace.
Want to advertise your trademark? Book a consultation with a trademark attorney. You may also email us at admin@pinollaw.com for your queries.
1 World Intellectual Property Organization, Managing Intellectual Property in the Advertising Industry, Creative Industries - Booklet No.5
2 UFC Philippines, Inc., v. Fiesta Barrio Manufacturing Corporation, G.R. No. 198889, January 20, 2016
3 Jose Jesus Disini, Jr. v. Secretary of Justice, G.R. No. 203335, February 11, 2014
4 Id at 1
