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Is it Legal to use Someone else’s Trademark in Your Meta Tags and Keywords?

Is it Legal to use of Someone else’s Trademark in Your Meta Tags and Keywords?

Meta tags have keywords that affect the regularity in which an online search engine will display a site as a hit. These “tags,” as they are called, are just HTML code that has been embedded within a site. This code permits the developer of the website to easily recognize the material within it and also it is an extremely important function of the web. As a brand owner, your site will be a significant source of publicity for your business, however did you understand there can be a myriad of problems with utilizing trademarks as meta tag keywords? Continue reading to find out more regarding these concerns and also just how they can impact your business’s websites.

What Is a Meta Tag?

Meta tags aid internet searchers locate web sites when they go into particular words (keywords) into online search engine. The even more reliable these tags and keywords are, the higher the site will rate in the search engine result. Making use of one more business’s trademark as a search phrase in your very own meta tag can be risky, and there have been instances of business using their competitors’ trademarks in order to draw traffic away from their rivals’ sites. Such methods have frequently led to suits since it is illegal to make use of a trademark without the authorization of the company or maker. If you try to participate in this technique, you might go through a major claim.

As trademark concerns come to be increasingly more common, there have actually been many instances of organization sites utilizing them as meta tag key phrases to confuse internet online search engine. Internet sites accomplish this by improperly using meta tags that do not define their own site, however using them instead to draw customers far from competitors. For example, a web site that sells affordable devices might utilize words such as “Cuisinart” or “Kitchenaid” in their tag in order to divert attention away from the sites of accredited sellers. If you do this, you may be condemned of trademark infringement.

Using Trademarks as Meta Tag Keyword Phrases

After checking out the details above, it may appear that making use of trademarks in meta tags will certainly constantly be seen as unlawful, however there are some situations where it is acceptable to do so. If the trademark somehow explains a good or service that a firm provides, or explains a geographical area, it is usually not unlawful to make use of that trademark. For example, if a business name consists of words “The golden state,” however a firm that produces peppers in California decides to integrate the word in their meta tag, their right to do so will be covered under “fair use” legislations.

Trademark usage is usually covered under “fair use” regulations if the complying with occurs:

  • The product or service can not be identified without utilizing the trademark (it explains a location, person, or product).
  • A portion of the trademark is required for recognition.
  • The customer of the hallmark does not suggest endorsement or sponsorship of the initial trademark holder.
  • It is important to note that merely meeting the standards over does not imply you are covered by “reasonable use” laws. 

When building your web site, there are ways to avoid violating trademark laws. Some of these methods consist of:

  • If you are ever in doubt as to whether or not to utilize a trademark in your tag, it is best to stay clear of utilizing it in all.
  • Never ever consist of hallmarks unless you have actually gotten written consent from the hallmark holder.
  • Never utilize a trademark in your meta tag with the intention of complex search engines or drawing customers far from the competition.

Avoid Claims In other words, utilizing trademarks as keyword phrases is a danger. If you are building a website for your brand or business, it is best to avoid this method completely, unless you have specific approval. By keeping this in mind, you can prevent the legal issues associated with trademarks as well as meta tags.

Also great to ask yourself this question…Do you want someone using YOUR trademark?

We look forward to assist you to meet your dreams and goals.  Contact us today to set up an initial consultation or go ahead and jump to the front of the line by scheduling us with our consulting application. ===> Apply Here.


Your Brand Abundance TEAM


“Let’s Create Something Amazing Together.”

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5 Key Things You Want to Know About Trademarks & Why You Want One.

Protects Your Brand:  The only way your product or business name is truly protected is by getting a trademark registered with the USPTO.  Without it you do not have any trademark rights whatsoever.   So the bottom line is if you are building a brand or movement that you are serious about and believe it will take off, a trademark is a MUST.  Keep in mind it takes 6-9 months to go completely through the trademark process.  In the meantime, you can market your products or business while going through the process. A strong trademark helps you establish a successful brand that stands out from the competition. But many small business owners don’t even think about trademark protection until after they’ve been in business for months, or even years.  This could be a huge mistake because anyone can come along and take trademark ownership right out from under you.  We call this, pay now or pay later.  You can obtain a trademark from anywhere between $500-$1,000. By doing so, you will sleep well at night knowing your brand is protected by law as you expose your brand to the masses of the world.

Get an Attorney led trademark:  We recommend getting an attorney led trademark because you are working with a trademark professional.  They have done 100’s and some even 1,000’s of trademarks over the years and you will have them on your side to help you work through your possibilities.  What this means is you will have an attorney to consult with and help you work out what chances they think you will have with getting your trademark registered.  Some names seem like a slam dunk but others will have a slim chance and they will let you know their opinion. Even with an attorney led trademark, there are NO GUARANTEES. Ultimately it is up to the USPTO whether or not you will get it registered.  Before you actually have the attorney submit your application, you will have the choice to go ahead or to look for another name.

You still might not get it registered with the USPTO: The attorney led trademark will cost $200-$300 more than doing a straight shot application.  But if your name has a slim chance you really do not want to pay $500-$700 for a trademark application and get it rejected.  So the additional cost is worth it because you will know how good your chances are, before spending the $500-$700 to get it registered with USPTO.

Always secure the domain name of your trademark:  Don’t set yourself up for another hijacking.  Make sure you purchase your trademark name in domains too.  We recommend getting any spelling rendition and the .net as well.  We also recommend that you purchase these ASAP even before you apply for trademark.  Nothing would be worse than to lose your domain name while you are waiting the 6-9 months it takes before a trademark will go through the registration process.

Change that ™ to a ® Once you Get Registered: The ™ after your name lets others know you are in the process of trademarking your brand name.  The ® lets them know you have acquired the registered trademark at the USPTO.  No better feeling than getting registered.

We are looking forward to assisting you in meeting your dreams and goals.  Contact us today to set up an initial consultation or go ahead and jump to the front of the line by scheduling us with our consulting application. ===> Apply Here.




Your Brand Abundance TEAM


“Let’s Create Something Magical Together.”    

Read more

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