Co-Branding: How to Agree on Trademark Use

Start with a clear purpose

Co-branding can help partners reach new audiences, combine products or run a joint event. It also places two brand identities next to each other, so each business needs control over how its name and logo appear. Before announcing a campaign, agree which marks may be used, where they may appear and how long permission lasts. A short written plan reduces confusion when marketing materials change or an agency joins the project.

Identify the commercial goal: a one-time promotion, a bundled product, an ongoing collaboration or a sponsored event. The scope of permission should match that goal. Approval for one post should not automatically cover packaging, a paid campaign or a later product line.

Define the approved materials

List the wordmarks, logos, taglines and product images each partner may use. Attach approved artwork or brand guidelines and specify relative size, placement, background and required notices. Explain who reviews translations, adaptations, headlines and claims about the other party. If either company can hire an agency, confirm that the agency must follow the same limits.

State the channels and territory: websites, social media, email, retail displays, packaging, marketplaces or press material. Identify who publishes each item, who approves it and how quickly approval should be requested. Avoid implying a wider endorsement, ownership or corporate relationship than the parties intend.

Agree on quality and responsibility

Set standards for how the joint offer is presented and who verifies product claims, customer support information and pricing. Decide who handles a complaint, a platform takedown request or a third-party allegation. Each partner should notify the other if it becomes aware of misuse or a conflict involving the shared campaign. Keep records of approved versions and who authorised them.

Clarify whether either partner may use customer testimonials, analytics, campaign images or contact data. Marketing permission does not automatically resolve privacy, confidentiality or product-safety responsibilities. Assign those questions to the right contract clauses and responsible people.

Plan for changes and campaign end

Set a start date, end date and process for extending the campaign. If a product is delayed, a logo changes or a claim needs correction, define who can pause publication and how replacement materials are approved. After the campaign, remove expired assets where practical, stop new production and preserve an archive of the final materials. If any brand use will continue, record that permission separately.

Co-branding checklist

• Identify the business purpose and duration.
• List exact marks, approved artwork and permitted adaptations.
• Define channels, territories, products and approval contacts.
• Agree quality standards and responsibility for complaints.
• Set dates for removal, extension or transition of materials.

A co-branding agreement should reflect the actual collaboration and any continuing licence. This article is general information, not legal advice; obtain advice for a specific contract or dispute.