08 Mar 2022

Advertising is a great way to put your products and/or services on the map. There are many forms of advertising. Think of Google Ads, promotional videos you see on Youtube and commercials on TV. Affiliate marketing is also a form of advertising.

When advertising, various (legal) rules must be taken into account. This applies to both online and offline advertising. Advertisements may not be misleading. For example, misleading can occur regarding the price, the size of the stock or the duration of the guarantee.

Specific rules also apply to comparative advertising. This is the case when one product is compared to another (competing) product. This happens a lot in online blogs. For example, beauty products are compared with each other in high-end vs. low-budget videos.

All these forms of advertising involve advertising regulations.

Trademarks in advertisements

In practice, most problems arise when brands are used in advertising. Mainly due to the use of trademarks of other organisations. In that case you do not advertise with your own trademark, but use another trademark. In some cases this is allowed. For example, if you sell a second-hand product. Or if you have a web shop. You can read here what rules apply to using another party's trademark in advertisements. Curious about the rules a webshop has to comply with?

Also, brands are often used as search words. Through Google Ads, the advertiser can link keywords to an ad himself. These can also be brands. For example, if you sell Nike shoes, you can use the word Nike as a keyword. But there are also hurdles to this use of someone else's brand.

Do you have a question in the area of:

  • Conditions for advertising;
  • Trademark use in advertising;
  • Google Ads;
  • Using the right keywords;
  • Liability in advertising;
  • Online and offline advertising;
  • Comparison with the competitor.

Or are you being sued by another party? Please contact Frédérique Kuiper.