Trademark Issues for Affiliate Marketers
Affiliates use other companies' brands constantly, which creates trademark exposure. The likelihood-of-confusion test, nominative fair use, and where the risk lies.
Affiliates work with other companies’ brands constantly — naming products, using logos, bidding on branded search terms. That creates trademark exposure. This page explains the general legal landscape in the United States so you can recognize where the risk lies. It is educational information, not legal advice; specific situations turn on their facts.
The legal framework
US trademark law is governed by the Lanham Act. The central question in an infringement claim is likelihood of consumer confusion — whether the way you use a mark is likely to confuse consumers about the source, sponsorship, or affiliation of goods or services. Using a brand name to accurately describe or review a product you genuinely discuss is generally defensible; using it in a way that falsely implies you are, or are endorsed by, the brand is where problems arise.
Common risk areas for affiliates
- Implying official status — presenting your site as the brand’s official site, support channel, or authorized reseller when you are not.
- Logo and trademark misuse — using brand assets in ways that suggest sponsorship or partnership.
- Domain names — registering domains containing a trademark or a misspelling of one. See typosquatting and domains.
- Paid-search ad copy — using a trademark in ad headlines or display URLs in a way that implies an official relationship. See brand bidding.
Nominative fair use, in brief
US law recognizes that you can use a trademark to refer to the actual product — you cannot review “Brand X headphones” without naming them. The general test asks whether you used only as much of the mark as necessary and did not falsely suggest sponsorship. Accurate reference is very different from implying endorsement.
Contract layered on top of law
Even where trademark law would permit a use, your affiliate program’s terms may prohibit it. Program agreements routinely restrict how affiliates may use brand names and trademarks, and violating those terms can cost you your account and commissions regardless of the legal analysis. See affiliate program terms.
Practical guidance
Use brand names to describe products truthfully. Do not imply you are the brand or are officially endorsed. Keep logos and brand assets out of contexts that suggest partnership. Read and follow each program’s trademark and advertising rules. When a use feels like it trades on a brand’s identity rather than referring to its product, get qualified legal advice before proceeding.
Authoritative sources
Last reviewed July 2026. This page is general educational information, not legal or tax advice.