Nominative Fair Use: The Dos and Don’ts for Using Someone Else’s Trademark

Using another company’s trademark is often risky, but not always prohibited. In many situations, U.S. trademark law allows what’s known as nominative fair use, which permits limited use of someone else’s mark when it’s reasonably necessary to identify the trademark owner’s goods or services.

This doctrine can be especially relevant for reviewers, resellers, comparative advertisers, fans, and online communities. But it’s also easy to get wrong. Below are key dos and don’ts to help businesses and creators stay on the right side of the law.

What Is Nominative Fair Use?

Nominative fair use applies when:

1. The product or service cannot be readily identified without using the trademark;
2. Only so much of the mark as is reasonably necessary is used; and
3. The use does not suggest sponsorship, endorsement, or affiliation by the trademark owner.

If any of these elements are missing, the use may expose you to a trademark infringement claim.

✅ DO: Use Trademarks Only When Necessary to Identify the Product

If you’re referring to a specific brand, product, or service and there’s no realistic substitute, using the trademark may be permissible.

Examples that typically fit:

• “Compatible with [Brand product]”
• “We repair [Brand] vehicles”
• “Unofficial fan guide for [Brand]”

The key is that the trademark is being used as a reference point, not as your own brand.

✅ DO: Limit Your Use to What’s Reasonably Necessary

Stick to the name only, and only use it as much as needed to make your point. In most cases, plain text is sufficient.

Best practices:

• Use the word mark instead of logos or stylized designs
• Avoid prominent placement (e.g., page headers, product names, or domain names)
• Keep third‑party marks visually secondary to your own branding

Using logos, custom fonts, or trade dress often goes beyond what’s “necessary” and can undermine a fair use argument.

✅ DO: Make Clear You Are Not Affiliated

Clarity matters. If there is any risk of confusion, add a brief disclaimer explaining that you are not affiliated with, endorsed by, or sponsored by the trademark owner.

Example disclaimer:

“[Brand X] is a registered trademark of its respective owner. This site is not affiliated with or endorsed by [Brand X].”

While disclaimers aren’t a cure‑all, they can help demonstrate good‑faith use and reduce confusion.

❌ DON’T: Use the Trademark as Your Own Brand

Nominative fair use does not allow you to:

• Name your product or service using someone else’s trademark
• Use the trademark as a logo or brand identifier
• Adopt it as part of your company name, product name, or social media handle

If consumers could believe the trademark identifies you rather than the original trademark owner, nominative fair use likely does not apply.

❌ DON’T: Make Your Use Look Like Endorsement or Sponsorship

Even truthful references can cross the line if they imply an official relationship.

High‑risk uses include:

• Statements implying approval (“official,” “authorized,” “partner”)
• Marketing language suggesting collaboration
• Prominent or repeated trademark use alongside calls to action

If your use could reasonably make consumers think the trademark owner is involved, the risk of infringement increases.

❌ DON’T: Overuse or Stylize the Mark

Using a trademark multiple times, in large fonts, or in stylized or logo form may suggest branding rather than reference.

Avoid:

• Repeating the mark unnecessarily throughout marketing materials
• Using brand‑specific fonts, colors, or design elements
• Mimicking the trademark owner’s look and feel

The more your use resembles brand adoption rather than identification, the weaker your defense becomes.

Key Takeaway

Nominative fair use can be a powerful tool, but it’s narrow. Using someone else’s trademark should always be accurate, limited, and non‑confusing. When in doubt, shifting emphasis to your own branding and adding clarity around independence can significantly reduce risk.

If you’re planning to reference third‑party trademarks in branding, marketing, or online content, a short legal review upfront can help avoid disputes later.