Your trademarks are your foundational brand assets: your name, logo and other brand elements that communicate your identity to your customer. They’re worth protecting and defending. Yet the brand recognition you build can also be loaned out and often become a further source of income for your business.
So what happens when someone wants to use your trademark? This is where a Trademark Permission to Use Letter comes in handy. This document creates guardrails for authorized usage while keeping you in control. With the USPTO processing nearly half a million trademark registrations annually, businesses clearly prioritize these protections.
Protection matters, but so does practical flexibility. Overly rigid enforcement alienates partners, while careless permissions may dilute brand identity. Successful businesses find middle ground by documenting everything and setting clear boundaries. Proper management of usage requests creates beneficial partnerships without compromising intellectual property.
What is a Trademark Permission to Use Letter?
A “Trademark Permission to Use Letter” is a formal document through which a trademark owner grants another party specific, limited authorization to use their registered trademark for a clearly defined purpose.
The letter typically specifies:
- Duration of permitted use
- Acceptable display locations
- Products or services on which your trademark may appear
- Quality standards to maintain
The permission letter creates a record showing you actively manage your trademark, strengthening your ownership claims if disputes arise. These letters protect both parties — you maintain control of your brand identity, while the other party receives clear guidelines for acceptable use.
When Do You Need Trademark Permission?
You need trademark permission whenever you want to use someone else’s registered mark in your materials. It seems obvious, but the specifics matter.
Many commercial use of another company’s trademark requires permission. Are you planning to mention Samsung in your promotional materials? Do you want to use Coca-Cola’s distinctive font on your website? You might need formal approval first.
Some common situations that need trademark permission:
- Using another company’s logo in your marketing
- Mentioning a brand name in promotional content
- Creating merchandise featuring others’ trademarks
- Incorporating trademark elements in your products
- Using trademarked characters or mascots
What doesn’t typically need permission? Genuine product reviews, factual references in news reporting, comparison in advertising material and educational content that simply mentions trademarked terms. A wristwatch review can mention “Hublot” without permission, but creating a poster with their logo crosses the line.
When uncertain, reaching out for permission protects you from potential lawsuits and often opens doors to proper collaboration.
How to Request Trademark Permission
Requesting permission to use someone’s trademark doesn’t have to be complicated, but it does require some homework and a structured approach. Follow these steps to increase your chances of getting approval:
Identify the trademark owner
The first challenge is finding who owns the rights. Company websites often have trademark information in their footer or “Terms of Use” pages. For more definitive answers, check the USPTO’s Trademark Electronic Search System (TESS) or similar databases in other countries.
Contact the owner with a formal permission to use request
Most large companies have dedicated channels for trademark requests — look for “legal,” “intellectual property,” or “brand guidelines” sections on their websites. Smaller companies might direct you to their legal counsel. Your initial contact should be professional but concise.
Outline intended use
Be crystal clear about how you plan to use their trademark. Will it appear in a book? On a website? For how long? Will you make money from this use? Vague requests get rejected quickly, while specific ones show respect for their intellectual property.
Remember that trademark owners have no obligation to grant permission. Your request should highlight any mutual benefits or explain why your use won’t harm their brand. Follow up politely if you don’t hear back within two weeks, but don’t pester them with daily emails.
Many companies have standardized forms or questionnaires for trademark requests. Fill these out completely — skipping sections suggests you might be equally casual about following their usage guidelines.
Sample Trademark Permission to Use Letter
Below is a simple copyright permissions sample letter, granting a third-party permission to use a trademark:
[Trademark Owner’s Letterhead]
[Date]
[Recipient Name]
[Company Name]
[Address]
[City, State ZIP]
RE: Permission to Use [Trademark Name]
Dear [Recipient Name],
This letter confirms that [Trademark Owner Company], the owner of the trademark [TRADEMARK NAME]® (Registration No. [Number]), grants permission to [Recipient Company] to use our trademark under the following terms and conditions:
- Scope of Use: You may use the [TRADEMARK NAME] trademark solely for [specific purpose, e.g., “inclusion in your educational blog post titled ‘Top Industry Innovations'” or “on promotional materials for the March 15, 2025 charity event”].
- Duration: This permission is valid from [start date] to [end date]. Any use beyond this period requires separate written permission.
- Display Requirements:
- The trademark must appear exactly as registered, including proper trademark symbols (® or ™)
- The trademark must not be altered in color, proportion, or font
- The trademark must not be combined with other marks or graphics that could suggest affiliation
- Our trademark cannot be used as part of your company name, domain name, or social media handles
- Disclaimer: All materials using our trademark must include the following statement: “[TRADEMARK NAME] is a registered trademark of [Trademark Owner Company] and is used with permission. [Recipient Company] is not affiliated with or endorsed by [Trademark Owner Company].”
- Quality Control: [Trademark Owner Company] reserves the right to review and approve all materials using our trademark prior to distribution or publication. Please submit materials to [contact email] at least [X] days before intended use.
- Non-Transferable: This permission is granted specifically to [Recipient Company] and cannot be transferred, assigned, or sublicensed to any third party.
- Termination: [Trademark Owner Company] reserves the right to terminate this permission at any time if the trademark is used in a manner inconsistent with these terms or in a way that could damage our reputation.
This permission does not constitute a trademark license agreement or transfer any ownership rights in the [TRADEMARK NAME] trademark to [Recipient Company].
Please confirm your acceptance of these terms by signing below and returning a copy to [contact email/address].
Sincerely,
[Name]
[Title]
[Trademark Owner Company]
ACCEPTED AND AGREED:
[Recipient Name]
[Title]
[Recipient Company]
[Date]
Wrapping Up
Navigating trademark permissions might seem intimidating, but it’s straightforward once you understand the core principles. A well-crafted permission letter protects both parties, giving you legal clearance to use someone’s valuable intellectual property while clearly defining boundaries that protect the trademark owner’s brand integrity. These written agreements prevent misunderstandings and provide documentation that could prove invaluable if questions arise later.
Ready to build a trademark so powerful that others will be desperate to license it? Start today with our Trademark Research service.
