In promotion or advertising activities, the use of logos or elements similar to well-known brands involves legal risks, especially trademark law and unfair competition law. The following are professional legal advice and practical guidance to help you avoid potential infringement risks： --- ###**1. Core points of legal risk** 1. **Trademark infringement recognition standards** -Whether it constitutes an "approximate trademark": In judicial practice, the visual, pronunciation, similarity of meanings, and relevance of goods/services will be considered comprehensively. Even if they are not exactly the same, if they may cause confusion among consumers (such as misidentifying that the two are related), they may still be found to be infringing. -**Special protection of well-known trademarks**: Even if similar logos are used across categories, if the significance of well-known trademarks is weakened (such as dilution or vilification), it may constitute infringement. 2. **Risk of unfair competition** Even if it does not directly infringe trademark rights, if you deliberately imitate the overall style of a well-known brand (such as packaging and advertising slogan) to mislead consumers, it may violate Article 6 of the "Anti-Unfair Competition Law" (prohibition of confusion). --- ###**2. Compliance strategies and alternatives** #### (1) The boundary of legal reference -**Functional elements can be used freely**: If the element is a common design in the industry (such as the cylindrical shape of a beverage bottle), it is usually unprotected. However, brand-specific decorative features (such as Coca-Cola's streamer font) need to be excluded. -**Fair Use (Fair Use)**： -**Descriptive use**: The brand is mentioned only to illustrate the purpose of the product (such as “compatible with iPhone”), but the trademarks of others may not be highlighted. -** parody**: Imitation in art or commentary may constitute fair use, but it is extremely difficult to claim it in commercial advertisements. ####(2) Differentiated design suggestions -**Visual level**： -Modify the color combination, font, and graphic structure (such as changing the “Starbucks Mermaid” to a completely different animal image). -Add elements of significant differences (such as superimposing your own brand logo). -**Conceptual level**： -Avoid copying the core identification symbols of the brand (such as Nike's ”Just Do It" slogan). -Confirm whether consumers will be confused through market research. #### (3) Necessary steps for legal review -**Trademark search**: Verify the registration category and scope of protection of the target brand through official databases (such as China Trademark Network, USPTO). -**Legal opinion**: Entrust an intellectual property lawyer to assess the risk of infringement and issue a written opinion (which can be used as evidence for future defense). -**Consumer confusion test**: Collect third-party intuitive feedback on similarity through questionnaires or focus groups. --- ###**3. Warning of high-risk behavior** The following actions are almost bound to cause legal disputes： -Use well-known trademarks that are deformed or partially obscured (such as rotating the Nike hook logo and using it). -Suggest comparisons with well-known brands in competing advertisements (such as “the taste is close to Coca-Cola”). -Imitate the overall visual effects of the brand (such as “copycat" mobile phones imitating Apple's minimalist design). --- ###**Fourth, practical suggestions** 1. **Original first**: Completely independent creative design is the only zero-risk solution. 2. **License negotiation**: If you need to associate with a well-known brand, directly contact the right holder to obtain authorization (such as joint cooperation). 3. **Insurance coverage**: Apply for intellectual property infringement liability insurance to transfer potential compensation risks. **Please note**: Legal boundaries vary from jurisdiction to jurisdiction, and the above recommendations are not a substitute for case-by-case legal advice. Before the final plan is determined, be sure to consult a professional intellectual property lawyer.