Fair Use Around the World: How Trademark Law Differs in the US, UK, Canada, and the EU

If you’ve ever wondered whether fair use of a trademark works the same way outside the United States, the short answer is: not exactly. Or, more accurately, not at all.

As a lawyer and content creator, I know how confusing this can be. You might be writing a blog post, filming a product review, or putting together a podcast episode that references a well-known brand. In the U.S., that kind of content may be protected under the legal doctrine of fair use. But what about in the UK? Or Canada? Or the EU?

In this guide, we’re breaking down how fair use of trademarks works (or doesn’t) across four regions creators most commonly ask about:

• The United States
• The United Kingdom
• Canada
• The European Union

We’ll focus specifically on trademark use (like names and logos), not copyright. If you’re here for photo or video use, you’ll want to read my guide to fair use of copyrighted images instead.

Let’s take a quick legal world tour.

Legal Disclaimer: This post is for educational purposes only and does not constitute legal advice. Read full disclaimers.

Fair Use of Trademarks in the US

In the United States, fair use is a formal legal doctrine. And when it comes to trademarks, it includes two major flavors:

1. Descriptive fair use: when you use a trademarked term in its ordinary, dictionary sense (e.g., “sharp” to describe a knife)
2. Nominative fair use: when you use a brand name or logo to refer to the brand itself, like reviewing Nike shoes or comparing iPhones

This doctrine allows content creators, educators, and reviewers to use trademarks without permission, as long as the use:

• Identifies the brand or product truthfully
• Doesn’t use more of the mark than necessary
• Avoids implying endorsement or affiliation

The U.S. fair use framework is one of the most robust in the world when it comes to protecting speech about brands.

Want to dig deeper? Here’s a U.S. guide to Fair Use of Trademarks: How to Legally Use Logos in Your Content.

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Fair Use of Trademarks in the UK: Is There Such a Thing?

In the UK, things work a little differently. The term “fair use” isn’t actually part of UK trademark law. Instead, trademark use without permission is assessed under the idea of honest commercial practices, and that’s a more limited standard.

There are a few narrow exceptions where you may use someone else’s trademark without infringing, including:

• Descriptive use: using a trademarked word to describe your own goods or services truthfully
• Comparative advertising: referencing a competing brand to compare products, as long as the ad is clear, honest, and non-misleading

That said, UK courts generally favor brand owners in disputes. Using a logo, for example, could easily be seen as trademark use rather than mere reference, especially if it might confuse or mislead consumers.

There’s no direct equivalent to nominative fair use in UK law, so if you’re using a brand name or logo to talk about the brand (especially in a commercial setting), tread carefully.

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Fair Use of Trademarks in Canada: What You Need to Know

Canada also doesn’t recognize “fair use” as a trademark doctrine. Instead, the law focuses on whether a use is likely to confuse the public or dilute a brand’s distinctiveness.

In Canadian trademark law:

• Descriptive use is sometimes allowed, like using the word “apple” to describe fruit
• Non-confusing references to a brand may be tolerated, especially in editorial or educational content
• Use of logos or stylized branding without permission, especially in a commercial context, is much riskier

There’s no official protection for nominative use like there is in the U.S. So while your intent may be honest, the law may still view your use as problematic if it looks too promotional or suggestive of endorsement.

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Fair Use of Trademarks in the EU: A Patchwork, Not a Blanket

Within the EU, there’s no singular “fair use trademark” law. The rules come from the EU Trademark Directive, and how they’re enforced varies from country to country.

Generally speaking, EU trademark law allows for limited use of trademarks when:

• It’s necessary to indicate the intended purpose of a product or service
• The use is truthful and not misleading
• The use doesn’t take unfair advantage of the trademark’s reputation or create confusion

This might cover things like:

• Stating that a compatible product works “with Apple® devices”
• Using a brand name in a repair or resale context

But again, there’s no direct equivalent to the U.S. idea of nominative fair use, so any use of logos or names should be carefully reviewed, especially in marketing or monetized content.

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What If You’re a Global Creator?

Many bloggers, educators, and influencers operate globally, or at least reach global audiences. So what if your content is created in the U.S., but viewed in Canada, or references an EU-based brand?

Unfortunately, your safest bet is to assume the most restrictive legal standard applies. Why?

• Your platform may be based in one country, but receive takedown requests from another
• Your audience may include users in stricter jurisdictions
• The brand you mention may enforce its rights aggressively in its home country, even if your content would be protected in the U.S.

This doesn’t mean you have to avoid talking about brands entirely, just that it’s wise to use their names or logos minimally, truthfully, and never in a way that suggests sponsorship unless it’s real.

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Final Thoughts

The term fair use might be familiar, but it’s not universal. Trademark law varies significantly from country to country, and the broad speech protections we enjoy in the U.S. don’t always translate elsewhere.

If you’re a content creator referencing brand names, logos, or products:

• Know your local laws
• Use trademarks only when necessary
• Always avoid suggesting endorsement unless you’ve got it in writing

Read More About Trademark Law:

Trademarks 101 for Bloggers

Do I Need a Trademark for My Logo? A Guide for Creators

What’s the Difference Between Trademark and Copyright?

Fair Use of Trademarks: How to Legally Use Logos in Your Content