Using Another Company’s Logo in New Zealand: Copyright, Trademarks & Permission

If you run a small business, you’ll probably bump into this question sooner than you expect: can you use another company’s logo on your website, packaging, socials, proposals, or ads?

Maybe you stock a supplier’s products and want to show their logo. Maybe you’ve worked with a well-known client and want to add their logo to your “Trusted By” section. Or maybe you’re doing a comparison chart and think a competitor’s logo would make things clearer.

Using another company’s logo in New Zealand can be allowed in some situations, but it’s also an easy way to accidentally wander into trade mark infringement, copyright issues, and misleading advertising problems.

This article is general information only and not legal advice. If you’re unsure about your specific situation (especially if the logo will be used in advertising, packaging, or a key sales page), it’s worth getting tailored advice before you publish.

Below, we’ll walk you through the practical legal checkpoints (without the legal jargon overload), when you might be able to use a logo, and when you should get clear written permission before you publish anything.

Why Logos Are Legally Protected (And Why That Matters For Your Business)

A logo isn’t just a “nice design”. In New Zealand, logos are commonly protected by several overlapping legal rights. That overlap is why “it’s just a small logo on my website” can still create real legal risk.

Trade Marks: The Biggest Risk For Most Businesses

Most logos function as trade marks (a badge of origin). Trade mark rights in New Zealand are primarily governed by the Trade Marks Act 2002.

In simple terms, a registered trade mark owner can usually stop other people using the same (or confusingly similar) mark in trade where it’s likely to confuse consumers (for example, about who is supplying, sponsoring, or approving the goods/services). Logos are one of the most commonly registered types of trade marks.

If you’re unsure how trade mark infringement tends to come up in real business scenarios, the rules are similar to the issues discussed in Trademark Infringement matters generally (confusion, association, reputation, and use “in trade” are the big themes).

Copyright: Protection For The Artwork Itself

Separately, the logo artwork may be protected by copyright under the Copyright Act 1994. Copyright protection is about the creative work (the graphic design), rather than the branding function.

Copyright can be relevant where someone:

• copies a logo file from a website and re-uploads it to their own site;
• reproduces the logo on printed materials, packaging, signage, or uniforms;
• modifies the logo (for example, changing colours or adding text) and publishes the modified version.

Copyright questions can get technical quickly (especially around licences, authorship, and permitted uses), so it’s often worth getting tailored advice early. In many cases, a quick Copyright Consult can save a lot of back-and-forth later.

Fair Trading Act: Misleading Or Deceptive Conduct

Even if you think trade marks and copyright don’t apply, you still need to think about consumer perception.

Under the Fair Trading Act 1986, businesses must not engage in misleading or deceptive conduct. Using another company’s logo can become a problem if your customers might reasonably think:

• you are authorised, sponsored, or approved by that company;
• you are an official reseller/partner when you’re not;
• your product is connected to, compatible with, or endorsed by that brand when it isn’t.

This is where many small businesses get caught out: the logo use is technically “true” in their mind (e.g. “we do work with that product”), but the overall impression to the public is what matters.

Passing Off And Other Reputation-Based Claims

New Zealand also recognises passing off (a common law claim) which broadly targets misrepresentations that damage a trader’s goodwill. If you use someone’s logo in a way that rides on their reputation or suggests a connection, that can create risk even outside registered trade marks.

The takeaway: if you’re using another company’s logo in New Zealand as part of your marketing or sales activity, it’s safest to assume it’s protected and treat it as a “check the rules or get permission” issue unless you’re clearly within a legitimate use case.

When You Might Be Allowed To Use Another Company’s Logo (Without Permission)

There are real-world situations where using another company’s logo can be legitimate. The challenge is that the line between “legitimate” and “legally risky” can be thin, especially once the logo appears in an ad or on a sales page.

Here are common scenarios to think through.

If You’re Using It Purely To Identify Them (And Not To Promote Yourself)

Sometimes you may need to refer to another business to identify them (for example, in a factual directory listing or a news-style article). The key is that your use should be:

• accurate (no exaggerations about the relationship);
• limited (only what’s necessary); and
• not presented as endorsement (avoid “official”, “authorised”, “partner” language unless it’s true and you can prove it).

Even then, using a logo (rather than just the name) often adds risk because logos are visually powerful and can imply association.

If You’re A Genuine Reseller Or Distributor (But Check Your Agreement)

If you are actually allowed to resell someone else’s products, you may have permission to use their brand assets, including their logo. But don’t assume that reseller status automatically gives you broad marketing rights.

In practice, brand owners often impose rules like:

• where the logo can appear (e.g. “Stockists of…” pages only);
• how it must appear (size, colour, clear space, no distortion);
• what wording must accompany it (e.g. a specific authorised retailer statement);
• what you must not do (e.g. you can’t create a combined logo, or use it in your business name).

If you don’t have these rules in writing, you’re relying on guesswork. This is one of those areas where a properly drafted IP Licence (or a clause inside your supply/distribution arrangement) can make your marketing much safer.

If They Provide A Media Kit Or Brand Guidelines With Express Permission

Some businesses publish “press kits” or “brand assets” pages that include their logos and specify how others can use them.

This can be a legitimate permission pathway, but make sure you:

• read the actual conditions (there are often strict limits);
• save a copy of the permission terms (URLs and pages change); and
• follow the guidelines exactly (especially around modification and placement).

If Your Use Is Not “In Trade” (Limited In Practice For Business Owners)

Trade mark infringement typically requires use “in trade”. As a business owner, most of the time you’re using a logo, you’re doing it in trade (advertising, selling, promoting, building reputation), so this exception is limited.

For example, internal training materials can be lower risk than public-facing marketing. But it can still become an issue if the materials are shared publicly, used externally, or create confusion in the market.

As a practical rule: if the logo is anywhere customers can see it, treat it as a commercial use and assess trade mark, copyright, and misleading conduct risks.

Common Situations Where Using Another Company’s Logo Causes Problems

This is where we see businesses run into trouble when using another company’s logo in New Zealand. The intention is usually harmless, but the legal and commercial fallout can still be significant (takedown demands, platform complaints, strained supplier relationships, and expensive rebranding or reprinting).

“Trusted By” Or Client Logo Walls (Without Clear Approval)

Adding client logos to your website is a common credibility move. It can also be one of the riskiest uses, because it can imply endorsement or an ongoing relationship.

Even if you’ve done legitimate work for that client, they may have internal policies that:

• require written approval before their logo is used publicly;
• limit how long you can refer to the project;
• restrict the context (e.g. only in a case study approved by them).

If you want to reference clients, you can often reduce risk by using text-only references (company name in plain text) and/or seeking written permission for logo use.

Comparative Advertising Or “Versus” Pages

Comparison pages are popular, but they’re a hotspot for trade mark and Fair Trading Act issues.

You need to be confident that your comparisons are accurate, current, and not misleading. Using a competitor’s logo on a comparison page can make it look like a formal head-to-head endorsed by them, even if your copy says otherwise.

Disclaimers can help with clarity, but they don’t automatically fix misleading overall impressions. If you use disclaimers, make sure they’re visible where the logo appears, not buried in a footer. If you’re unsure how to word these carefully, having a lawyer review your Disclaimers approach can be a practical risk-control step.

Using A Logo As A Shortcut For “Compatibility” Claims

For example, you might be tempted to place a logo next to “compatible with…” or “works with…”. The issue is that a logo can suggest affiliation or certification, not just compatibility.

Think about whether you have evidence for the claim, and whether you can communicate it without using the logo. A plain statement might carry less legal risk than a branded badge.

Using Logos In Social Media Posts And Ads

Social media is fast, but the legal rules don’t slow down just because you’re posting quickly.

If you’re running paid ads, you’re clearly “in trade”, and brand owners are more likely to monitor and report ad use. Platforms also have their own policies, and you may find your ads disapproved even before legal issues arise.

Using A Logo In Your Own Branding (Almost Always A Bad Idea)

Using someone else’s logo (or a lookalike) in your:

• business name, domain name, or trading name;
• your own product packaging;
• your own logo design;
• taglines like “official” or “authorised” (without formal authorisation)

…is where the highest risk usually sits. This is where confusion is most likely, and it’s where trade mark owners are most likely to take action.

If you’re building your own brand, it’s worth thinking early about whether you should protect it too. Trade mark protection can be a major asset for growth and investor confidence, and it can prevent other businesses from copying your look and feel. Many small businesses start by asking Need A Trademark questions once they realise how easily branding disputes arise.

How To Get Permission To Use A Logo (And What The Permission Should Say)

If you want to use another company’s logo publicly, the safest pathway is straightforward: get written permission.

A quick email can sometimes be enough, but as your business grows (or if the logo will be used on packaging, a long-term website page, or in paid advertising), it’s smart to formalise permission so you’re protected from day one.

What “Good Permission” Typically Covers

When you’re asking for permission, you ideally want clarity on:

• Where you can use the logo (website, social media, packaging, pitch decks, signage, online marketplaces).
• How you can use it (no modifications, minimum size, colour rules, placement rules, required clear space).
• The purpose of the use (e.g. “to identify you as an authorised reseller” or “to refer to a completed project”).
• How long you can use it for (a fixed term, or until the relationship ends).
• Whether you can use it in ads (paid advertising is often treated more strictly than organic posts).
• Approval rights (they may want to approve the context before you publish).
• Termination (what happens if they withdraw permission and how quickly you must remove it).

This is often documented as a brand licence or as clauses in a broader commercial deal. If the permission is part of an ongoing business arrangement, a properly drafted contract (or a short variation) can save you from “we never agreed to that” disputes later.

And because permission is only as good as the agreement behind it, it helps to understand the basics of enforceability, like What Makes A Contract Legally Binding in the New Zealand context.

Be Careful With “Verbal Okays” And Casual DMs

It’s common for someone to say “sure, go for it” over a call or direct message. The problem is that:

• the person might not have authority to grant permission;
• the scope may be unclear (website only? ads too?);
• they might later change roles, and the business denies the permission ever existed.

Even a short written confirmation email that clearly states what you can do is usually better than relying on a screenshot of a casual message.

If You’re Collecting Brand Assets Or Case Study Materials, Think About Privacy Too

Logo use often comes bundled with case studies, testimonials, and project write-ups. If you’re publishing personal information (like a named staff member testimonial, a photo taken at the client’s premises, or identifiable contact details), you also need to think about privacy obligations under the Privacy Act 2020.

If your website collects personal information (enquiry forms, newsletters, analytics identifiers), having a Privacy Policy is often part of doing things properly and building trust with customers.

A Practical Checklist Before You Use Another Company’s Logo

If you’re about to publish a logo you don’t own, run through these steps first. This is the kind of quick internal process that prevents “we’ll fix it later” problems (which usually cost more later).

Step 1: Identify Why You Want To Use The Logo

• Is it to show a partnership, sponsorship, reseller status, or certification?
• Is it to show a past project or client relationship?
• Is it purely to identify a third party in a factual way?

The more the use supports your sales and marketing, the more likely you need explicit permission.

Step 2: Ask “Could This Mislead Someone?”

Try to view the page like a new customer who has never met you. Ask:

• Would someone think we’re endorsed or approved?
• Would someone think our business is part of theirs?
• Would someone think we’re the “official” supplier?

If the answer could be “yes”, adjust the wording, change the layout, and seriously consider getting permission before publishing.

Step 3: Check Whether You Already Have Permission In A Contract

If you have a supplier, distributor, affiliate, franchise, or services agreement, it might already deal with brand asset use.

If it’s silent (or vague), that’s a sign you should clarify it. If you need a formal written permission document, an IP licence clause or standalone document is often the cleanest way to do it.

Step 4: Use The Correct Logo File And Don’t Modify It

Even where permission exists, unauthorised modifications can create issues. Avoid:

• stretching the logo;
• changing colours to match your brand palette;
• adding your own tagline over the logo;
• creating a “combined mark” by merging it with your logo.

If your marketing designer is handling this, give them the brand guidelines (and make sure they follow them).

Step 5: Add Clear Context (And A Disclaimer If Appropriate)

If you’re using a logo to describe a relationship, use clear text near it, such as:

• “Authorised reseller” (only if true and provable)
• “Used with permission”
• “Client logo shown for completed project (date)”

Clarity reduces your Fair Trading Act risk and reduces the chance of complaints.

Step 6: If This Is Business-Critical, Get Advice Before You Publish

If the logo will appear on product packaging, a nationwide marketing campaign, or a core sales page, it’s worth getting legal input first. It’s usually cheaper to set it up correctly than to respond to a takedown demand after you’ve printed 5,000 boxes.

And if you’re investing in your own branding at the same time, consider protecting it too by Register Your Trade Mark early, especially if you’re scaling beyond a small local customer base.

Key Takeaways

• Using another company’s logo in New Zealand can trigger trade mark issues (Trade Marks Act 2002), copyright issues (Copyright Act 1994), and misleading conduct risk (Fair Trading Act 1986).
• Some logo use can be legitimate (for example, factual identification or authorised reseller use), but for public-facing marketing the safer approach is often to get written permission first.
• Client “Trusted By” logo sections are a common risk area because logos can imply endorsement or an ongoing relationship.
• Comparative advertising and “compatibility” claims can become misleading if a logo suggests certification, affiliation, or official status.
• Good permission should clearly cover where and how the logo can be used, what it can be used for, and what happens if permission is withdrawn.
• If the logo use is important to your marketing or packaging, getting legal advice before publishing can save you major cost and stress later.

If you’d like help setting up clear permission to use a logo, or you want advice on trade marks and brand protection, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.