Fair Use of Trademarks: How to Legally Use Logos in Your Content
You’re crafting that perfect Instagram carousel. You’ve mentioned a brand. Maybe even dropped in their logo. But now you’re wondering: Is this legal? Do I need permission? Am I accidentally committing trademark infringement? Welcome to the world of fair use of trademarks, a space where things can get murky fast, especially when it comes to logo fair use.
But here’s the good news: trademark law does allow certain uses of brand names and logos, even without permission. The trick is knowing where the line is drawn, and how not to trip over it.
As a lawyer and content creator myself, I’ve seen how confusing this can be, and how easily creators can hesitate, over-edit, or overthink what’s actually allowed. So in this guide, I’ll break down the two key types of trademark fair use, and how they apply to bloggers, YouTubers, and influencers alike.
You’ll leave with practical answers to real-world questions like, “Can I use a trademarked logo in my blog post?” or “What if I name-drop a brand in a video review?” This guide will help you make sure your content stays creative, and legally safe.
Legal Disclaimer: This post is for educational purposes only and does not constitute legal advice. Read full disclaimers.
What Is Fair Use of a Trademark?
Unlike copyright law, where “fair use” is a more flexible defense, trademark fair use is about clarity, not creativity. It’s a legal doctrine that allows people to use another party’s trademark under specific, narrow circumstances, even without permission.
The core idea? If your use doesn’t mislead the public or suggest sponsorship, it might be protected.
There are two types of trademark fair use to understand:
- Descriptive Fair Use: when you’re using a trademark as a word, not as a brand.
- Nominative Fair Use: when you’re using the trademark to refer to the brand itself.
Both can be relevant for creators, but it’s the nominative kind that most often applies when you’re posting logos, brand names, or product shots online.
Descriptive Fair Use: When a Trademark Is Also a Real Word
Descriptive fair use is the legal equivalent of “I said what I meant.”
This type of fair use happens when you’re using a trademarked word in its original, dictionary sense—not as a reference to the brand. Think of terms like “Apple,” “Sharp,” or “Forever.” They’re trademarks in some contexts, but perfectly normal words in others.
Example: You’re writing a recipe post and mention “a crisp apple for tartness.” You’re talking fruit—not Apple Inc. That’s descriptive fair use in action.
Even if your use is technically descriptive, it may fall outside fair use if it’s done in bad faith, for example, if you’re trying to piggyback on a well-known brand’s reputation or confuse viewers for commercial gain. Courts consider not just what you said, but why and how you said it.
Nominative Fair Use: When You’re Talking About a Brand
Nominative fair use is what protects creators who mention or show a brand simply because there’s no other practical way to describe it. This is especially important in comparative content, like side-by-side reviews or product roundups. If you’re contrasting one brand with another in a factual, non-misleading way, you’re likely within fair use territory, as long as your content avoids implying any sort of brand partnership or endorsement.
There’s a three-part test that courts often use to determine whether nominative fair use applies:
- Is the brand necessary to identify what you’re talking about?
- Are you only using as much of the trademark as needed?
- Are you avoiding any suggestion of sponsorship or endorsement?
If you can answer “yes” to all three, your use may qualify as nominative fair use.
How Is Trademark Fair Use Decided?
If you’ve ever looked up copyright fair use, you’ve probably seen the four-factor test. But here’s the twist: that test doesn’t apply to trademarks.
Copyright and trademark law serve different purposes. Copyright protects original creative works (like photos or music). Trademark protects brand identity, like names, logos, taglines, and symbols that distinguish a company’s products or services.
So when it comes to using a trademarked logo under fair use, the legal test is different, and narrower.
The Legal Test for Nominative Fair Use
Courts typically use a three-part test to decide whether your use of a trademark (like a logo) qualifies as nominative fair use:
- Is the trademark necessary to identify what you’re talking about?
If there’s no practical way to refer to the product or company without using the brand name or logo, that weighs in your favor. - Are you only using as much of the trademark as needed?
Show the logo? Fine. Stylize it, enlarge it, or drop it across your banner? That could weaken your case. - Are you avoiding any suggestion of sponsorship or endorsement?
Even unintentional hints of affiliation, like placing the logo near your own branding, can be risky.
Trademark Fair Use Isn’t a Free-for-All
Nominative fair use allows creators to reference brands truthfully and accurately, but it’s not a blank check. Courts look closely at how the trademark is used, what message it sends to the audience, and whether it could create consumer confusion.
So while the law doesn’t require permission every time you use a logo, it does require care, especially if you’re creating content that could be mistaken for an ad, brand collab, or sponsorship.
Logo Fair Use in Blog Posts, Videos, and Social Media
This is the part creators care about most: Can I use a company’s logo in my content?
The answer? Sometimes yes, if the use fits within the principles of nominative fair use and is handled carefully.
Disclaimer: The following examples are provided for educational purposes only and do not constitute legal advice. Whether a specific use qualifies as fair use always depends on the particular facts, context, and jurisdiction. If you’re unsure about your specific situation, consider consulting an attorney.
Here are several real-world scenarios with a breakdown of whether the use is likely to fall under nominative fair use, and why.
1. Example of Fair Use on YouTube
A YouTuber includes a Starbucks logo in a review of limited-edition drinks
✅ This use is likely nominative fair use
The creator is discussing Starbucks products, and the logo appears naturally, such as on the cup or in a thumbnail. It helps identify the product being reviewed, and there’s no suggestion that Starbucks endorsed the video. The use is limited to what’s necessary and appears in a review context, which supports a fair use defense.
2. Example of Fair Use in a Fashion Blog
A blogger uses their own photo of a Nike shoe with the logo visible in a fashion roundup
✅ This may be considered nominative fair use
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The blogger uses a photo they took themselves, showing the shoe as it actually exists, logo and all. The logo isn’t emphasized or stylized, and it appears as part of an editorial roundup. The post doesn’t suggest Nike is affiliated, and the logo is only shown to identify the featured product. However, using an official Nike product photo without permission could raise copyright concerns, even if the trademark use were otherwise defensible. (For more info on fair use of photos, check out my article about that here.)
3. Example of Fair Use on TikTok
A TikTok creator includes the Canva logo in a tutorial thumbnail
✅ This could be considered nominative fair use
The video focuses on using Canva’s tools, and the logo is shown in a neutral, identifying way to signal the subject of the tutorial. The use is informational, relevant, and doesn’t imply Canva is sponsoring the content. The logo isn’t edited or excessively displayed, supporting the argument that it’s a necessary reference.
4. Example of Fair Use in a Product Comparison Post
A blogger includes side-by-side images of a Yeti tumbler and a Stanley cup, both with logos visible, in a comparison review
✅ This use is likely nominative fair use
The blogger is comparing two specific branded products, and the logos are shown to help readers easily identify which product is which. The use is directly tied to the content’s purpose (a side-by-side comparison) and doesn’t suggest that either brand endorses the post. Because the images are used to illustrate a factual, critical review, and not for decoration or brand association, this type of reference is likely to qualify as nominative fair use.
5. Example of Trademark Misuse on Instagram
An Instagrammer adds the Gucci logo to a post promoting their own accessory line
❌ This likely exceeds nominative fair use
In this case, the logo is being used to create an association between the influencer’s product and Gucci’s brand, not to identify or discuss Gucci itself. This risks misleading followers into thinking there’s a brand affiliation, which undermines a fair use defense. The use appears promotional, not editorial.
6. Example of Trademark Misuse on a Business Website
A coaching site places Tesla’s logo in their client testimonial section
❌ This likely falls outside the bounds of fair use
Using a well-known logo like Tesla’s in a context that implies the company is a client or sponsor is risky. Even if the intent is to highlight that Tesla employees have used the service, the visual use of the logo implies a formal business relationship. That kind of implied endorsement goes beyond what fair use is meant to protect.
7. Example of Trademark Misuse in a Blog Header
A blogger adds Disney characters and the Disney logo to their blog header “just for fun”
❌ This use is unlikely to qualify as fair use
Even if the content isn’t monetized, using Disney’s trademarks decoratively, especially in a blog’s branding, creates the risk of confusion and infringement. The logo isn’t being used to identify or comment on Disney; it’s serving as part of the site’s aesthetic. That kind of use typically falls outside fair use protections.
8. Example of Trademark Misuse in Influencer Branding
A beauty influencer redesigns the Chanel logo in pink glitter and uses it as her email signature
❌ This use likely falls outside fair use
Modifying a trademarked logo and integrating it into personal branding, even as a stylistic nod, undermines any nominative fair use argument. It’s not identifying Chanel’s products or commenting on the brand. It’s functioning as a part of the influencer’s own aesthetic, which can confuse recipients about whether Chanel is affiliated or involved.
📌 Quick Checklist for Fair Use of a Trademark
Thinking of using a logo in your content? Run through this checklist first:
✅ Are you using the logo to talk about the brand or its product, not just for decoration?
✅ Is there no easier way to identify the brand without using the logo or name?
✅ Are you only using what you need without editing or stylizing the logo?
✅ Does your content make it clear that the brand didn’t sponsor or endorse you?
✅ Are you showing the logo in a context like a review, tutorial, or comparison?
If you answered “yes” to all five, your use might qualify as nominative fair use. Remember that context is everything in the fair use analysis.
Can I Use a Trademarked Name or Logo Without Permission?
Yes, if your use qualifies as nominative or descriptive fair use. You probably don’t need permission to name-drop a brand when you’re offering honest reviews, comparisons, or commentary. But the moment your use implies partnership, promotion, or profit-sharing, you risk legal trouble.
And no, giving credit doesn’t automatically make it legal. Nor does the excuse “I’m not making money from it.” Misleading use can be problematic, paid or not.
When Fair Use Doesn’t Protect You
Fair use has limits. You can lose its protection if:
- You use a logo to attract attention rather than identify a product
- You feature the logo too prominently or stylize it
- You place it next to your own branding in a way that implies endorsement
- You use it in sponsored content without clarifying the brand isn’t involved
- You use copyrighted material
What If You Get a Cease-and-Desist Letter?
Even legal use can get challenged. Brands often send cease-and-desist letters as a precaution, even when the law may be on your side.
If you get one:
- Don’t panic
- Review your content against fair use criteria
- Don’t ignore it
- Consider responding with a clear explanation (or consulting a lawyer)
Remember: fair use is a defense, not a permission slip. It can protect you in court, but it doesn’t always prevent a challenge.
Use Logos Smartly—and Legally
You don’t have to blur every logo or dance around brand names. Fair use of trademarks, especially logos, empowers creators to speak honestly and freely.
Just remember:
- Use logos only when necessary to identify the brand
- Avoid stylizing or altering logos
- Never imply sponsorship or affiliation
- Know that fair use protects you after the fact, not from being challenged in the first place
With a little care and a lot of clarity, you can create content that’s bold, legal, and confidently your own.
Learn More About Trademark Law:
Do I Need a Trademark for My Logo? A Guide for Creators
What’s the Difference Between Trademark and Copyright?
Fair Use Around the World: How Trademark Law Differs in the US, UK, Canada, and the EU
