Are You Even Allowed to Use That Logo? Exclusive Distribution Is Not the Same as a Trademark License

The brand in your ads, the right on paper

You got exclusivity for a brand and immediately started using it in ads, on your website and at trade fairs. But does the contract really give you the right to do that, and what happens to those materials when the contract ends?

The contract says nothing about the trademark

No express trademark license: An exclusive distribution right often does not automatically include the right to use the protected trademark in marketing. These can be two separate things, so how the contract treats it matters.

Content that stays “locked”: Photos, video and texts that you paid for to promote the brand may remain the supplier's property, or you may have to remove them immediately on termination.

What it looks like in numbers (an imagined example)

Imagine that you paid for a website (€8,000), photos and video (€6,000) and printed material (€4,000) to promote the brand. That is €18,000.

If the contract requires everything to be removed immediately on termination, that investment disappears overnight. If you have a 60-day transition period, you can use up the material already printed and plan the switch.

If the contract says the photos and video belong to the supplier, you cannot use them for your next brand either, even though you paid for them.

For your own case, take the figures from your own promotion costs.

Questions to Check Before Signing

These are not ready-made contract clauses or legal advice, but questions worth thinking about before you accept the terms. The exact wording depends on your contract and the applicable rules.

Does the contract expressly grant the right to use the trademark and logo in marketing?

For which channels (website, social media, trade shows, print) and in which territory?

Who owns the photos, video and copy you paid for?

How long may you use the materials after termination?

Does the supplier need to approve materials before you publish them?

Before you invest in marketing someone else's brand, tell us what you paid for and what the contract says about the trademark. You will get an overview of risks and options for your decision.

Prepare questions before making a binding decision

Expert Consilium helps you examine business assumptions, risks and options before you make a decision. A business analysis of the terms shows what they mean for price, risk and flexibility.

Contact us: office@expertconsilium.com | expertconsilium.com

Informational business article. It does not constitute legal, tax, accounting, investment or other regulated advice.