Can I Sell Products With Another Company's Logo?

Generally, no - you shouldn't sell products using another company's logo unless you have permission or a clear legal reason for doing it.

The reason is simple: logos usually function as trademarks. When you put someone else's logo on a T-shirt, mug, hat, sticker, phone case or other merchandise, customers may think the brand approved it, sponsored it or made it. That's exactly the kind of confusion US trademark law is designed to prevent.

That said, the answer can depend on what you're selling, how you're using the mark, whether the product is genuine, and what your marketing says. If you're asking, "Can I sell products with another company's logo?", here's how to think about the risk and what permission usually looks like.

Can I Sell Products With Another Company's Logo?

Usually, no - if you're making or selling new products that display another company's logo, you'll normally need written permission from the logo owner.

Under the federal Lanham Act, trademark infringement can happen when your use of a mark is likely to confuse customers about the source, sponsorship or approval of your products. A logo doesn't need to be famous for this to matter. If the mark identifies a business, team, product line or brand, using it on merchandise can raise a problem.

This often comes up with:

• T-shirts, hoodies, hats and jerseys
• Mugs, tumblers, stickers and posters
• Phone cases, laptop sleeves and accessories
• Sports-style badges, mascots or team-style designs
• Products using a similar logo, color scheme or slogan to suggest a brand connection

Federal trademark registration with the US Patent and Trademark Office can give the brand owner stronger rights, but unregistered trademarks can still be protected if the brand has built up recognition in the market.

Copyright can also matter. A logo may be protected under the Copyright Act if it contains original artwork, illustration or design elements. So, one logo can raise both trademark and copyright issues at the same time.

The practical point is this: if the logo is the reason customers want the product, assume permission is needed unless you've had tailored advice saying otherwise.

What Counts As Using Another Company's Logo On Products?

It can count even if you don't copy the logo perfectly, because trademark law focuses on customer confusion and brand association, not just exact copying.

Using another company's logo on products can include:

• Printing the exact logo on your merchandise
• Using a slightly altered version that still looks like the brand
• Using a team-style badge, mascot or color layout that points to the brand
• Adding a brand name, slogan or product name beside your design
• Using packaging, hang tags or product photos that make your product look official

Say Mia runs a small online apparel store. She designs a hoodie with a famous drink company's logo changed by one letter, using the same colors and layout. She thinks it's a parody. But the hoodie is being sold as wearable merchandise, and buyers are commenting that it looks like an official collaboration. That could still create trademark risk, even though the logo isn't an exact copy.

There are situations where you can refer to another brand in a limited way. For example, you may be able to say a phone case is "compatible with" a particular device brand if that statement is true and not misleading. But putting that brand's logo across the case as the main design is very different.

The more your product looks like official branded merchandise, the higher the risk.

Is It Different If I Buy Genuine Branded Products And Resell Them?

Yes - reselling genuine branded products is different from making your own products with someone else's logo on them.

In the US, the "first sale" doctrine can allow you to resell genuine goods you lawfully bought. For example, if you buy authentic branded sneakers from an authorized retailer, you may be able to resell those exact sneakers without getting a separate trademark license agreement.

But the first sale doctrine has limits. It generally won't protect you if you:

• Make new products and add the logo yourself
• Materially alter the original product
• Remove or change labels, packaging or warranty information in a misleading way
• Sell counterfeit goods
• Suggest you're an authorized dealer when you're not

Here's a simple example. Carlos buys 50 genuine branded water bottles for $20 each from a legitimate wholesaler and resells them for $30 each. If the bottles are authentic and his listing doesn't imply he's officially endorsed, that's a very different risk profile from Carlos buying blank bottles for $4 each, printing the brand's logo on them, and selling them as "brand-inspired" merchandise.

Your product supply agreement or other supply contracts can also affect the answer. A distributor agreement, reseller policy or platform rule may limit where and how you sell. State unfair competition laws can add extra rules if your listing misleads customers, even when the goods are genuine.

How Do I Get Trademark Permission To Sell Merchandise?

You normally get permission through a written logo licensing agreement or brand licensing agreement with the trademark owner.

A casual email saying "sounds good" is rarely enough for a real merchandise business. A proper license sets out exactly what you can make, where you can sell it, how long the permission lasts, what fees or royalties apply, and how the brand owner can approve quality.

To approach a brand owner, it helps to be specific. You should be ready to explain:

• Which logo, name or artwork you want to use
• Which products you want to make
• How many units you expect to produce
• Where you'll sell them, such as your website, events or retail stores
• What price range you're considering
• How you'll handle product quality, returns and customer complaints

For example, if you want to make 500 embroidered hats with a brand's logo for a limited campaign, say that. If you want ongoing permission to sell multiple products across the US, say that too. A broader license usually needs more detail and more brand control.

You should also check who actually owns the rights. The brand's marketing team may not have authority to grant a license. A trademark search and USPTO records can help identify registered trademark owners, but ownership can change through assignments, mergers and holding companies, so it's worth confirming before you spend money on production.

What Should A Logo Licensing Agreement Include?

A trademark license agreement should clearly define the permission you're getting and the limits on how you can use the brand.

Templates can be a useful starting point, but brand licensing documents work best when they're tailored to your products, sales channels and commercial deal. A lawyer should tailor the agreement before you use it, especially if you're investing in inventory or advertising.

A practical outline might include:

1. Parties: Write the legal names of the brand owner and your business, including the state where each entity was formed if relevant.
2. Licensed Marks: List the exact logos, names, slogans or artwork covered by the license.
3. Licensed Products: Describe the products you can make and sell, such as cotton T-shirts, ceramic mugs or embroidered hats.
4. Territory: State where you can sell, such as the US, selected countries or specific sales channels.
5. Term: Set the start date, end date, renewal rights and any sell-off period for remaining stock.
6. Fees And Royalties: Cover upfront fees, royalty rates, minimum guarantees, reporting dates and audit rights.
7. Quality Control: Explain sample approvals, product standards, packaging rules and brand guidelines.
8. Marketing Approval: Set rules for ads, social media posts, product photos and use of the brand in your store.
9. Ownership: Confirm the brand owner keeps ownership of the trademarks and goodwill.
10. Termination: Spell out when the license can end and what happens to unsold products.
11. Liability And Indemnities: Allocate responsibility for product defects, customer claims, infringement issues and recalls.

Quality control is a big one in US trademark licensing. If a trademark owner lets others use its mark without controlling quality, it can weaken the brand's rights. That's why brand owners often want approval rights over samples, packaging and marketing.

What Happens If I Sell Branded Merchandise Without Permission?

You could face takedowns, frozen listings, payment holds, a cease and desist letter, settlement demands or a lawsuit, depending on the facts.

Many disputes start on selling platforms. A brand owner may report your listing under the platform's trademark or copyright policy. If your product uses copyrighted artwork, the Digital Millennium Copyright Act process may also be used for online takedowns.

If the issue escalates, claims may include trademark infringement, false designation of origin, trademark dilution for famous marks, copyright infringement, unfair competition or breach of platform terms. The Federal Trade Commission Act and FTC guidance can also matter if your marketing suggests an endorsement, sponsorship or affiliation that doesn't exist.

Counterfeiting is especially serious. Under the Lanham Act, statutory damages for counterfeit marks can be up to $200,000 per counterfeit mark per type of goods, and up to $2,000,000 if the use is willful. Those are maximum figures, not automatic amounts, but they show why this isn't an area to treat casually.

If Something Has Already Gone Wrong

If you've received a complaint or takedown, deal with it in order:

1. Pause new sales of the product while you assess the issue.
2. Save records of product listings, designs, supplier invoices, sales numbers, customer messages and any permission you relied on.
3. Don't admit liability or make settlement promises until you've had advice.
4. Check whether the goods were genuine resale goods, altered goods or products you made yourself.
5. Get help quickly if you've received a deadline, payment freeze or formal demand letter.

Deadlines in demand letters can be short. Even if the claim seems overblown, ignoring it can make the commercial problem harder to solve.

Common Mistakes To Avoid

The biggest mistake is assuming that a logo is safe to use because the design is easy to find online.

Here are the common traps we see:

• Relying On "Inspired By" Language: Calling a product "inspired by" a brand doesn't fix the issue if the product still suggests a brand connection.
• Changing One Detail: Small changes to a logo may not avoid trademark infringement if customers still recognize the brand.
• Assuming Fan Art Is Always Fine: Fan-made artwork can still infringe trademarks or copyright when sold commercially.
• Using Logos In Product Photos: Even if the logo isn't printed on the product, using it in packaging, mockups or ads can create confusion.
• Forgetting About Copyright: A logo, mascot or illustration may be protected as both a trademark and a copyrighted work.
• Skipping Written Permission: Verbal approval can be hard to prove and may not cover the products or channels you later use.

A safer path is to build your own brand assets, use properly licensed designs, or negotiate clear permission before you commit to inventory. If you're creating merch around a community, event or niche, original branding can also make your business more valuable over time.

State law can change parts of the risk picture too. For example, right of publicity laws may apply if you're using a person's name, image or likeness on merchandise, and state unfair competition laws can apply to misleading sales practices. You don't need a state-by-state memo for every idea, but you should get tailored advice if your product depends on another person's or brand's identity.

Frequently Asked Questions

Can I Use A Logo If I Give Credit To The Brand?

No, giving credit usually doesn't give you permission. A credit line may reduce confusion in some settings, but it won't usually let you sell merchandise using the logo.

Can I Use A Logo If The Brand Isn't Registered With The USPTO?

Possibly not. Federal registration helps a brand owner enforce rights, but unregistered trademark rights can still exist through real marketplace use.

Can I Sell A One-Off Custom Item With A Brand Logo?

It can still be risky. A single sale may be lower value than a large production run, but it can still involve trademark or copyright infringement if you don't have permission.

Can I Use A Logo For A Parody Product?

It depends. Parody can be a defense in some cases, but selling merchandise with a brand-like logo is fact-sensitive, especially if buyers may think it's official or approved.

Key Takeaways

• You usually need written permission to sell products using another company's logo.
• Trademark law focuses on customer confusion, sponsorship and approval, not just exact copying.
• Reselling genuine branded products is different from making new merchandise with the brand's logo.
• A strong logo licensing agreement should cover products, territory, term, royalties, quality control and marketing approvals.
• Unauthorized branded merchandise can lead to takedowns, payment holds, demand letters and infringement claims.
• If your product's appeal comes from someone else's brand, get advice before investing in stock.

If you'd like help with checking whether you need logo permission, preparing a brand licensing agreement, or responding to a branded merchandise takedown, you can reach our team at (888) 449-8437 or team@sprintlaw.com. Where legal services are required, they're provided by licensed US lawyers at ElevateNext US, LLC, a trusted US law firm, through the Sprintlaw platform.