A lot of media, both on the web and in many other forms, offers all kind of product reviews to their readers/viewers. Obviously, they use the name of the product, which might be trademarked, to identify what they are talking about. Very often they will show images of the product, which would most likely show a logo that could also be trademarked.

Assuming one is the author of the text and the images, so no copyright are infringed, but obviously doesn't own the trademark of the item that is discussed and/or displayed, what are the consequences, if any, to host a blog in Canada that would review products he likes.

I know many people already do it, either commercially or as a hobby. Obviously they do not make people believe they are associated with the product in any way. Does this type of activity require any kind of permission from the trademark owner ?


1 Answer 1


From IP Australia:

A trade mark is used to distinguish your goods and services from someone else's and is enforceable under IP law.

If you are using the trade mark in a way that doesn't create confusion between your goods and services (product reviews) and the trade mark owner's goods and services (whatever that is) then there is no infringement. Permission is not required.

For example, I can write Coke and talk about Coke and review Coke and paint pictures of Coke so long as I do not use Coke to sell beverages.

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