Using Another Company’s Logo: Navigating the Australian Legal Landscape

Seeing household names or trusted brands on your website, packaging or socials can boost credibility fast. But using another company’s logo without the right permissions can also create serious legal risk in Australia.

Whether you’re showcasing clients you’ve worked with, comparing products, running a joint campaign, or stocking branded goods, the rules aren’t always obvious. The good news is you can usually get it right with a little planning and the right agreements in place.

In this guide, we’ll walk through when you can use someone else’s logo, when you need permission, what the law says, and the practical steps to follow so your business stays compliant and protected.

Why Using Another Company’s Logo Is Legally Sensitive

A logo is typically protected as a trade mark (under the Trade Marks Act 1995 (Cth)) and may also be protected by copyright as an artistic work. That means the brand owner controls how it’s used.

If you use a logo without clear rights, you risk trade mark infringement, copyright infringement and reputational issues. There’s also consumer law risk if your use suggests endorsement or an affiliation that doesn’t exist.

It’s worth noting that while you can and should protect your own brand (for example, by choosing the right trade mark classes and proceeding to register your trade mark), you need separate permission to use someone else’s marks unless a narrow exception applies.

When Can You Use A Logo In Australia Without Permission?

In Australia, there are limited scenarios where using another company’s logo may be lawful without prior permission. Even then, the use must be accurate, necessary and proportionate. When in doubt, seek permission.

1) Honest, Accurate References To The Brand

You can generally use a brand name (and more cautiously, a small depiction of a logo) in text to identify the brand in a truthful, non-misleading way. For example, “Compatible with Brand X” or “We repair Brand X devices” if that claim is accurate.

Be careful with layout, size and placement. If the logo is prominent, used repeatedly, or appears in your header/footer alongside your own branding, it can imply a partnership or endorsement. That may breach Australian Consumer Law (ACL) prohibitions on misleading conduct (see section 18) or specific false representation rules (see section 29).

2) Comparative Advertising (Done Carefully)

Comparative advertising is permitted in Australia if it’s accurate, verifiable and not misleading. You can reference a competitor’s trade mark to identify their product for the purpose of comparison, but your claims must be factually correct and fairly presented.

Avoid logo-heavy visuals that visually suggest co-branding or affiliation. Keep any use to what’s reasonably necessary to make the comparison clear.

3) Resale Of Genuine Branded Goods

If you lawfully stock or resell branded products, you can use the brand name (and sometimes pack shots containing the logo) to describe those goods. However, you usually can’t use the logo as if it were your own brand or in ways that imply an authorised dealership if you’re not one.

Many suppliers place marketing restrictions in their contracts (e.g. how and where you can display the logo). Follow those rules and consider seeking express written permission for any broader use.

4) Incidental Inclusion

Sometimes a logo appears incidentally in a photograph or video (for example, a background shot of a street scene). This is lower risk, especially if the logo isn’t the focus. Still, think about whether you can frame, crop or blur to avoid potential issues if the logo is prominent.

5) Reporting And Commentary

News reporting, editorial use or factual commentary may involve using a logo to identify the subject. While there’s no broad “fair use” doctrine in Australia, limited, necessary use in a news or commentary context can be defensible if it’s accurate, proportionate and not misleading.

When Do You Need Permission (And What Should It Look Like)?

In many everyday business situations, you will need express permission (a licence) to use another company’s logo. This includes co-marketing, co-branding, collaborations, endorsements, partner showcases, landing pages that feature client logos, and most advertising or packaging scenarios.

Typical Permission Pathways

• Written Licence: A written licence granting you the right to use the logo, often as part of a broader IP licence or Copyright Licence Agreement.
• Contractual Right: Your supplier, distribution or service contract might include brand usage rights and guidelines.
• Marketing Guidelines: Many brands issue brand kits with strict placement, spacing, colour and size rules. These guidelines are usually binding once accepted.
• Campaign Agreements: Influencer, affiliate or joint campaign deals often bake logo permissions into a Brand Ambassador Agreement or a Sponsorship Agreement.

What A Good Logo Licence Covers

• Scope: Which specific logos/marks can be used, on what channels (website, socials, packaging, ads), and for which territories.
• Purpose: The activities permitted (e.g. “to promote the joint campaign X” or “to list the brand as a customer on our website”).
• Quality Control: Approvals, proofs and brand compliance processes before publication.
• Term: Start and end dates, renewals and what happens when the relationship ends (e.g. take-down obligations).
• Warranties/Indemnities: Confirming the brand owns the logo and will defend infringement claims, and that you’ll comply with brand rules.
• Revocation: The brand’s right to withdraw permission if guidelines aren’t followed or reputational risk arises.

Always keep approvals and licences on file. If a platform or regulator questions your use, written evidence resolves most issues quickly.

Practical Scenarios And How To Handle Them

Listing Client Logos On Your Website

This is common (and powerful) social proof, but don’t assume consent. Get written permission from each client, ideally with specific wording covering online use, case studies and social posts.

Keep a consistent “Clients” or “Trusted By” section and ensure your Website Terms and Conditions include IP notices (e.g. that third-party marks are owned by their respective owners) and take-down processes if someone withdraws permission.

Announcing Partnerships Or Collaborations

Use a joint announcement template or PR plan that’s pre-approved by the brand. Confirm which marks you can use and where. Many brands require a final proof for sign-off before anything goes live.

When sharing non-public details or brand assets (like campaign concepts or unreleased logos), protect both sides with an Non-Disclosure Agreement.

Comparisons And Compatibility Claims

Stick to clear, verifiable facts and avoid vague superlatives. If there’s any chance consumers could think you’re endorsed by or affiliated with the other brand, dial back the visuals, limit logo use, and add clarifying language.

Compliance with Australian Consumer Law is key here-avoid anything that could be misleading under section 18 or a false representation under section 29.

Influencer, Ambassador Or Affiliate Campaigns

If your brand or the partner brand is allowing logo use in creator content, make sure the permission and brand rules sit inside a clear commercial agreement (for example, a Brand Ambassador Agreement). Spell out approvals, logo files to be used, do’s and don’ts, and take-down powers.

Events, Sponsorships And Co-Branding

Co-branding needs extra care because both brands appear side-by-side. Your contract should set out logo hierarchy, placements, signage control, and what happens if either party’s brand guidelines change mid-campaign.

Common Legal Risks (And How To Avoid Them)

Trade Mark Infringement

Using a logo as a “badge of origin” (i.e., as a brand for your own goods/services) is high risk. Even decorative or prominent use can confuse consumers.

Mitigation tips:

• Use words where possible; use logos sparingly and only when necessary.
• Get written permission for any promotional or featured use.
• Follow the brand’s style guide strictly (spacing, colours, size, background).

Copyright Infringement

Most logos are artistic works protected by copyright. A licence (even a short email licence) that clearly permits your intended uses helps avoid disputes. If an agency designed the logo, ensure the brand has the right to sublicense it to you, or require proof of chain of title.

Misleading Or Deceptive Conduct

Visually heavy or repeated logo use may imply endorsement, distributorship or partnership where none exists. This is a leading cause of disputes under the ACL. Keep your claims accurate and make sure the overall impression is clear to everyday consumers.

Breach Of Contract

If you’re a reseller or partner, your contract may dictate how logos can be displayed (or forbid certain uses entirely). Always check your supplier and distribution agreements before publishing marketing material.

Reputation And Brand Safety

Even if your use is technically lawful, brands can object to association with certain messages or contexts. A strong licence will include content standards and a quick take-down process to manage reputational risk on both sides.

How To Get Permission The Right Way (Step-By-Step)

Step 1: Map Your Intended Uses

List exactly where the logo will appear (website pages, landing pages, paid ads, reels/stories, packaging, proposals). Add geographies and dates. This makes negotiations smoother and prevents gaps in permission.

Step 2: Ask For The Correct Rights

Request a written licence that matches your usage list and includes brand guideline access, asset delivery (e.g., vector files), approval steps and timelines.

Step 3: Build Approvals Into Your Workflow

Create a simple approvals checklist for your team and agencies. Require proof of permission before any new third-party logo appears in a draft or goes live.

Step 4: Keep Records

File the licence, emails granting approvals, and all final creatives. If a complaint arises, you’ll be glad to have a paper trail.

Step 5: Review Regularly

Calendar the licence expiry date and any renewal windows. Remove logos promptly when permission ends, and run periodic checks across your site and social media for stray uses.

What Legal Documents Will Help?

The right contracts make logo permissions clear, enforceable and easy to manage. Depending on your scenario, consider:

• IP Licence: Grants you the right to use specific marks for defined purposes, channels, territories and timeframes. A tailored IP licence is the gold standard for logo use.
• Copyright Licence Agreement: Useful where the logo or artwork needs explicit copyright permission, including moral rights consents and quality control. See Copyright Licence Agreement.
• Brand Ambassador or Sponsorship Agreement: For influencer and co-marketing arrangements with clear brand usage rules, approvals and take-down rights. Consider a Brand Ambassador Agreement or Sponsorship Agreement.
• Non-Disclosure Agreement (NDA): Protects brand kits, creative concepts and campaign materials exchanged before or during negotiations. Use a Non-Disclosure Agreement when sharing or receiving confidential assets.
• Website Terms and Conditions: Include IP notices about third-party marks, permitted use and takedown processes. You can implement comprehensive Website Terms and Conditions to cover these points.
• Media Release/Consent: If your content will feature real people, ensure you have written consent. A structured approach is outlined in Creating a Media Release Form.

For your own brand protection, think about trade marking your logo and name (including choosing appropriate trade mark classes) and then proceeding to register your trade mark so you can control how others use it.

Quick Do’s And Don’ts

• Do get written permission for any promotional, featured or repeated logo use.
• Do follow brand guidelines closely and keep a record of approvals.
• Do keep comparative claims factual, verifiable and balanced.
• Don’t place another brand’s logo where it looks like your own (headers, footers, app icons, favicons).
• Don’t imply endorsement or partnership unless there is one-and your contract allows you to say so.
• Don’t forget to remove logos when a licence ends or a campaign closes.

Key Takeaways

• Another company’s logo is usually protected by trade mark and copyright-get written permission for promotional or featured use.
• Limited, accurate references may be okay (e.g., compatibility or comparisons), but avoid any impression of endorsement or affiliation without consent.
• Use clear contracts-an IP Licence, Copyright Licence Agreement, and campaign agreements-to set scope, approvals, brand rules and take-downs.
• Keep your marketing ACL-compliant by avoiding misleading conduct or false representations, particularly around endorsements and affiliations.
• Build approvals and record-keeping into your workflow so logo use remains compliant over time.
• Protect your own brand by selecting the right trade mark classes and registering your trade mark in Australia.

If you’d like a consultation on using another company’s logo (or protecting your own), you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.