Off Branding: Can You Use Another Company’s Name or Logo? Legal Risks & How to Protect Your Brand in Australia

Building a standout brand is one of the best ways to grow your business in Australia. But in the rush to market, it’s easy to cross a line-like dropping a competitor’s logo into an ad, using a “lookalike” colour palette, or choosing a trading name that’s a little too close to a well-known brand.

These tactics are often called “off branding”. They can feel harmless, especially if you’re just trying to show compatibility or compare features. But the legal risks are real-and so are the reputational consequences if things go wrong.

In this guide, we unpack when you can and can’t reference another company’s name or logo, how Australia’s trade mark, copyright and consumer laws apply, and simple steps to protect your brand (and enforce your rights if someone starts trading off your reputation).

We keep it practical and business-friendly-so you can promote your business with confidence and avoid costly disputes.

What Is “Off Branding” (And Why It’s Risky)?

Off branding is when a business uses another company’s name, logo, slogan or distinctive look in its own marketing, packaging or products-often without clear permission. It also covers “near misses”: names, logos or get-ups that are confusingly similar to a competitor, even if they aren’t identical.

Common off branding scenarios

• Featuring a competitor’s logo on your website or ad creatives.
• Choosing a trading name that’s very similar to a recognised brand in the same industry.
• Using “lookalike” packaging or a near-identical colour scheme that suggests an association.
• Referencing another company’s registered trade mark in a way that implies endorsement.

Why is this risky? Because several Australian laws can apply at once:

• Trade marks law protects registered brands against unauthorised use that’s likely to cause confusion.
• Australian Consumer Law (ACL) prohibits misleading or deceptive conduct and false or misleading representations.
• Copyright protects original artistic works (like logos and certain packaging designs) against copying.

The result can be complaints, platform takedowns, rebranding costs and-in serious cases-injunctions and damages. It’s far cheaper to get your brand strategy right from the start.

Is It Legal To Use Another Company’s Name Or Logo In Australia?

In most marketing contexts, using another business’s logo or distinctive branding without permission is a high-risk move. Here’s how the main legal regimes apply.

Trade marks: the core risk

Registered trade marks (names, logos, taglines and other signs) are protected under the Trade Marks Act 1995 (Cth). If you use a sign that is identical or deceptively similar for related goods or services, you can infringe the owner’s rights. You don’t need to be trying to copy them-if ordinary consumers could be confused about origin or affiliation, that’s enough for trouble.

Note that registering a business name or company with ASIC does not give you exclusive IP rights to that name. Brand protection comes from trade mark registration, not from business name or company registration. If you’re weighing up registrations, it helps to understand the difference between a business name and a company name-and where trade marks sit in that picture.

Australian Consumer Law (ACL): misleading conduct

Even if a brand isn’t registered, the ACL still applies. If your branding or marketing is likely to mislead people into thinking there’s an association, sponsorship or endorsement that doesn’t exist, you can be liable for misleading or deceptive conduct or for making false or misleading representations. These rules sit in the ACL’s general prohibition and specific provisions, including section 18 and section 29.

Copyright: artistic works and logos

Original logos and artwork are protected by copyright. Reproducing or adapting a logo (or a substantial part of it) without permission can infringe copyright. Copyright can protect the artwork in a logo even if the brand hasn’t registered a trade mark. Conversely, a simple word name isn’t protected by copyright, though it may be protected under trade marks or the ACL.

What about “fair use” or comparisons?

“Fair use” is a US concept and doesn’t apply in Australia. Instead, the Trade Marks Act includes specific defences that may apply in limited circumstances-such as using a sign in good faith to indicate a product’s kind, quality or intended purpose (for example, genuine statements of compatibility), or using your own name honestly. These defences are narrow and won’t help if your use is likely to confuse consumers or suggest endorsement. Comparative advertising is allowed in Australia, but it must be accurate, substantiated and not misleading under the ACL.

When Can You Reference Another Brand Without Permission?

There are limited, practical situations where it can be acceptable to refer to another brand. The key is to avoid logos and avoid suggesting any affiliation or endorsement.

Descriptive and compatibility statements

It’s generally acceptable to make factual statements like “compatible with Brand X” or “fits Model Y” if those statements are true, necessary to inform consumers, and presented in a way that doesn’t imply sponsorship. Use plain text (not their stylised logo), keep the reference proportionate, and include a clear disclaimer like “Brand X is a registered trade mark of its owner. We are not affiliated with or endorsed by Brand X.”

Comparative advertising

Comparisons are allowed, but they must be accurate and not misleading. Back up claims with current data, compare “like with like”, and avoid using a competitor’s logo or trade dress. If a comparison is likely to confuse the audience about whether you’re connected to the other brand, don’t use it.

Editorial or nominative references

In plain text, you can refer to another brand to identify it (for example, “works with Apple iPhone 14”). Keep it neutral, avoid their logos, and don’t overemphasise the other brand in your design.

What to avoid

• Using another company’s logo, stylisation or signature colour scheme.
• Prominent placement that could imply endorsement or a joint venture.
• “Lookalike” packaging or names designed to catch accidental clicks or purchases.

When in doubt, err on the side of original branding or get legal advice before you publish a campaign.

How To Protect Your Brand (And Enforce Your Rights)

Strong brands are built on consistent, original assets and clear legal ownership. Here’s a practical roadmap to safeguard your identity and act quickly if someone trades off your name or logo.

1) Choose and clear a distinctive brand

Pick names, logos and taglines that stand out in your industry. Do searches of ASIC business names, domain names, app stores and online marketplaces. Most importantly, check the trade marks register to see if a similar mark already exists in your classes of goods or services. When you’re planning an application, consider the appropriate trade mark classes so your protection covers how you actually trade.

2) Register your trade marks early

Trade mark registration gives you the strongest rights to stop imitators and is often essential for enforcement. File applications for your word mark and (separately) your logo where possible. If you’re ready to act, you can register your trade mark and then monitor for misuse over time.

3) Lock in ownership with clear contracts

If an external designer, developer or agency created your logo or brand assets, make sure your contract assigns IP to you on payment. For ongoing collaborations, use a simple Non-Disclosure Agreement to protect confidential concepts pre-launch and a Copyright Licence Agreement or IP assignment to clarify who owns what.

4) Build IP notices into your platform and materials

Add your trade mark symbol (™ for an unregistered mark, ® once registered) alongside your brand. Include copyright and trade mark notices in your footer and marketing collateral. On your site, publish clear Website Terms & Conditions and a Privacy Policy if you collect personal information. These don’t replace IP rights, but they set expectations and support enforcement.

5) Monitor and act quickly

Set up alerts for new domain registrations, social handles and marketplace listings similar to your brand. If you spot off branding:

• Collect evidence (screenshots, timestamps, samples of packaging).
• Assess your rights (trade mark registration, copyright ownership, reputation in the market).
• Send a proportionate letter of demand. A well-structured cease and desist letter often resolves matters quickly.
• Use platform processes (marketplace, app store, social) for takedowns if applicable.
• Escalate to court remedies if needed (injunctions to stop the conduct and, in some cases, damages or an account of profits).

6) Keep your house in order

Ensure your own use of other brands stays compliant. Train your team not to drop competitor logos into pitch decks or ads. For any necessary references, stick to accurate, plain-text statements and add a simple, non-endorsement disclaimer.

What Legal Documents Should You Have?

Every brand is different, but most growing businesses rely on a core set of contracts and policies to protect their identity and manage risk.

• Trade Mark Registration: Registered rights over your name and logo make it easier to stop imitators and avoid disputes when you expand or franchise.
• Copyright Assignment or Licence: If a third party created your brand assets, get a written assignment, or use a Copyright Licence Agreement that clearly sets ownership and permitted uses.
• Non-Disclosure Agreement (NDA): Use an NDA when you brief agencies, contractors or potential partners on brand concepts or product roadmaps pre-launch.
• Website Terms & Conditions: Your online T&Cs should set IP rules (what users may and may not do with your content) and general site rules, which you can formalise with Website Terms & Conditions.
• Privacy Policy: If you collect personal information online, publish a compliant Privacy Policy to explain how you handle data (this is crucial for trust as well as legal compliance).
• Client and Supplier Agreements: Include IP clauses that clarify who owns deliverables and whether partners can reference your brand in case studies or promotions.
• Cease and Desist Template: Keep a template on hand to respond quickly to off branding-timely action often prevents bigger losses.

For founders working together, it’s also sensible to record how IP is owned and used within the group. If you’re incorporating, your company documents should align with how you want to hold and license brand assets over time.

Key Takeaways

• Using another company’s name, logo or “look” in your marketing is high risk under Australia’s trade mark, copyright and consumer laws, especially if it could confuse customers or suggest endorsement.
• Business name or company registration does not give you IP rights-brand protection comes from trade mark registration and consistent, distinctive use.
• You can make factual, plain-text compatibility or comparison statements if they’re accurate and not misleading, but avoid logos and design elements that imply affiliation.
• Protect your brand early: clear your brand, register your marks, secure ownership with contracts, and use site policies and IP notices to set expectations.
• Monitor the market and act quickly on off branding with evidence, proportionate letters of demand, platform takedowns and, if needed, court remedies.
• Train your team on compliant references to other brands and build a culture of original, honest marketing.

If you’d like a consultation about off branding, trade marks or putting the right brand protection in place for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.