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Thomas Swartz
Thomas Swartz, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 2998
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Can a company use another companys trademark/logo in a contract

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Can a company use another company's trademark/logo in a contract between the companies without permission? In other words, can we grab the logo off the company website and insert it into a sales contract?

It would not really be considered trademark infringement. In order for trademark infringement to occur you have to use someone else's trademark to sell/market your own goods and services in order to confuse the consumer as to where the goods and services are coming from. This would not really occur if the logo is just placed in a contract between the two parties involved. Nevertheless, I believe it would be wise to ask permission. The question I would have is why would you want to place the trademark/logo in the contract? And there is always the chance that the other company will complain, and to avoid headaches and the possible loss of the contract, it is always best to ask permission.

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