Using a companies logo and name?

NeptunesMoon

Allright,
anyone know the story with if someone was to provide a service, for example, fixing a certain make of cars and on their website, they used XX Cars logo that had ® beside it and said they can fix cars cheaper than XX Cars official repair unit and get the car back to you quicker too?

So just imagine on the website it had:
[Company logo®] I offer a repair service for XX Cars. Prices will be cheaper than XX Cars own service and will be same day repair as opposed to XX Cars "within a week" timeframe.

Cheers

Sully

No legal advise here mate. Best to go to a solicitor.

NeptunesMoon

I saw that in the charter alright, but this is more just curiosity of a scenario than legal advice, I don't know the first thing about cars

Del2005

® means it a registered trade mark and can't be used without the owners consent. I don't see any company let someone else use their trade mark to their detriment

Duffman

You can do this but you need to be careful. Just be clear, what point are you trying to make? Do you want to simply indicate that you're cheaper than those brands or that you have the expertise to service those brands and will fit compatible parts?

The law treats those claims differently.

NeptunesMoon

Hmm, maybe the mechanic scenario isn't the best, just say it's mail order company instead, and there is a guy advertising that he will go and collect the items you ordered and paid for and deliver to you that day and be cheaper than what you would have paid the mail order company for delivery and would have had to wait up to a week for the delivery?

Joey99

Not legal advice but you may want to check out section 15(2) of the 1996 Trade Marks Act which seems to be on point.

You could also be caught out if you caused any confusion between the two different services such that the public could be misled into thinking you were associated with the main brand owner.

NeptunesMoon

cheers for that:cool::cool:

so if its obvious im not pretending to be that company and just saying i can do say repairs for example for that brand and have the brands logo on my site its ok if im not pretending i am that brand and doing official repairs or something?

Victor

NeptunesMoon wrote: »

cheers for that:cool::cool:

so if its obvious im not pretending to be that company and just saying i can do say repairs for example for that brand and have the brands logo on my site its ok if im not pretending i am that brand and doing official repairs or something?

If "its obvious im not pretending to be that company" then why do you need their logo?

A couple of situations arise:

1. Media - if the Irish Times is publishing an article about the organisation it would probably be fair to use their logo.
2. Non-competing business - if an agent for a manufacturer sells and maintains / repairs their product, the manufacturer is likely to authorise the use of the logo
3. Competing business - if similar to 2 a retailer is advertising a popular brand, but actually selling / using a different brand, there is an issue of passing off.

NeptunesMoon

cheers for the reply. the reason id want to use their logo is because people would recognize the logo and it would get me more business.

I guess 2 would be most relivant to my setup but im not endorsed by them if that makes sence.

Victor

Then ask. The worst they can say is no.