Legal Definitions - collateral use

Definition: Collateral use refers to the legal use of a trademark by someone other than the trademark owner, where the other party must clearly identify itself, the use of the trademark, and the absence of affiliation with the trademark owner.

Example: A small business wants to use a well-known brand's logo on their website to show that they sell that brand's products. However, they are not affiliated with the brand and do not have permission to use the logo. If they want to use the logo legally, they can do so as long as they clearly state that they are not affiliated with the brand and that the logo is used for identification purposes only.

Explanation: This example illustrates collateral use because the small business is using a trademark that they do not own, but they are doing so legally by following the guidelines for collateral use. They are clearly identifying themselves and the use of the trademark, and they are not trying to deceive customers into thinking they are affiliated with the brand.