The use of logos or elements similar to well-known brands in advertising campaigns carries high legal risks, including trademark infringement, unfair competition and even allegations of consumer fraud. In order to minimize risks within the legal scope, it is necessary to strictly comply with relevant laws and regulations and adopt cautious strategies. The following are some key principles and suggestions, but it should be noted that**You must consult a professional legal adviser in advance for specific operations.**： --- ###**1. The core principles of legal risk** 1. **Avoid the ”possibility of confusion"** The core of trademark infringement is that consumers may mistakenly believe that your product or service is associated with a well-known brand (such as sponsorship, authorization, or affiliation). It is necessary to ensure that the design elements will not cause confusion among ordinary consumers. 2. **Respect the significance of the trademark** Trademarks of well-known brands usually have “strong salience” (such as unique color combinations, graphics, or slogans), and direct imitation may be considered infringement. 3. **Fair Use exception** Under certain circumstances, such as comments, comparisons, parodies, or news reports, limited use of other people's trademarks may be allowed, but legal conditions must be strictly met. --- ###**2. Avoidance strategies (need to be carefully evaluated)** #### 1. **Differentiated design** -**Visual distinction**: Modify key elements such as color, font, and shape (for example, avoid directly copying Apple's “Bite of an apple” pattern). -**Combine other elements**: Combine similar elements with your own brand identity to reduce the possibility of confusion (for example, combine similar graphics with different text). -**Avoid core features**: Do not repeat the core identification elements of the brand (such as Coca-Cola's classic red and white streamers, McDonald's “M" arch). #### 2. **Clear statement of exemption from liability** -Clearly mark “unrelated to [well-known brands]” or “unofficial cooperation" in the advertisement, but it should be noted that such statements may not be enough to offset the confusion of the overall design. #### 3. **Reasonable use scenarios** -**Comparative advertising**: When comparing one's own products with competing products, you can mention the brand name, but you need to ensure that the information is true and not misleading. - **Parody**: Imitating through exaggeration or humor, it must be clearly distinguished from the original brand without harming its goodwill (for example, satirical content may be protected by freedom of speech). -**Descriptive use**: Use common vocabulary (such as ”smartphone“ instead of ”iPhone") to describe product features. #### 4. **Market research and testing** -Test whether advertising may cause confusion through consumer research, and retain evidence to prove the originality of the design. --- ###**3. Absolutely prohibited behaviors** 1. **Directly copy trademarks or iconic elements** (such as imitating Nike's ”Swoosh" hook-shaped trademark). 2. **Hint at association** (such as using the slogan "Better than XX brand", or imitating the image of the brand spokesperson). 3. **Use brand reputation to mislead consumers** (such as imitating packaging design leading to mis-purchase). --- ###**Fourth, alternative suggestions** 1. **Establish your own brand image**: Attract consumers through original design, unique slogans or differentiated positioning. 2. **Cooperation authorization**: Negotiate authorization and cooperation with well-known brands to legally use their elements. 3. **Cultural reference and tribute**: Indirectly refer to brand culture through abstract and artistic techniques (to ensure that there is no confusion). --- ###**5. Necessity of legal consultation** Any strategy needs to be evaluated on a case-by-case basis in accordance with the laws of specific jurisdictions (such as China's Trademark Law, the Anti-Unfair Competition Law, the Lanham Act of the United States, etc.). It is recommended to complete the following steps before the ad is published： 1. **Trademark search**: Confirm whether similar designs have been registered or protected. 2. **Legal opinion**: A risk assessment report shall be issued by an intellectual property lawyer. 3. **Emergency plan**: Prepare to deal with potential litigation or delisting requirements. --- ### Summary The core of avoiding trademark infringement is to **Avoid confusion**and**Respect the intellectual property rights of others**. Even if there is room for “marginalization” in the design, legal risks may still increase due to factors such as brand awareness and differences in jurisdiction. In the long run, investing in original brand building is a safer and more sustainable strategy.