Trademark and Real-world product Rules

Summary: These guidelines set out what you can and can’t use in your items when it comes to trademarks, logos and real-world products.

Introduction

These guidelines set out what you can and can’t use in your items when it comes to trademarks, logos and real-world products. To avoid any confusion, an item is what you create and customers purchase and a real world product is a reference to a real-world thing like a car or a tablet or even a shoe.

We respect the intellectual property rights of others and we expect our users to follow suit. Dealing with intellectual property rights is sometimes complex, especially if your item includes subject matter which you did not create, and in which other rights exist, such as a trademark, logo, design or a product.

Keep in mind that there can be different rules, as explained below, for assets in item preview (these assets don’t get distributed to your customers, they are for preview purposes only) and assets in item download (refers to assets that are included in the download of the file).

For more specifics relating directly to your type of item, please see: Trademark Usage

What is a Trademark?

A trademark is a distinctive word, phrase, letter, number, sound, smell, shape, logo, picture, aspect of packaging or a combination of these which is used by a someone to identify that its goods or services originate from a particular source or to distinguish their goods or services from someone else.

A trademark owner has the right to stop others from using the trademark, or any deceptively similar trademark, on or in connection with goods or services that are identical or closely related to the goods or services of the trademark owner.

Using Trademarks in your item

Names

The rule: A trademark or brand name can only be used in a Title, Tag or Description if it is factually describing what your item is or how it works.

Yes, go for it:

• If you are describing factually what your item is, what it does, or what it is compatible with.

These descriptions describe what an item does:
- “This add-on works with Photoshop CS5 and under”
- “Provides a text effect similar to Marvel’s The Avengers”

These titles describe what an item is:
- “Responsive WordPress Theme”
- “iPhoneX Mockup”
- “Instagram Stories pack”

No, that’s not allowed:

• You can’t make it seem like any brand or trademark owner has endorsed or created your item.
• You can’t create preview images that are the exact copies of brands or franchises.

This means if your item is a Photoshop Text Action for example, you can say in your description “Provides a text effect similar to Marvel’s The Avengers” but you can’t have the exact Avengers Text logo in your preview images.

Logos

A logo is a trademark in logo format.

Yes, go for it:

• Social Media Logos
  • In your item preview only, you can use a social media logo to illustrate that your item works with/on that media platform.
  • If your item is an icon pack on GraphicRiver you can include social media logos. You must have created your own original icons too, which have to make up at least 20% of the pack for sale.
  • If you have integrated the Logos into the design of your item and they are in context. The logo still can’t be the focus of the item.
• Other logos
  • Stand-alone real world logos can be used in previews only for:
    • logo sliders/carousels in theme and code categories and
    • only to demonstrate how those features might work when implemented by the customer

Example: A VideoHive author who has created a Social Media Story Template can use an instagram logo in the preview to show that the item is compatible with Instagram.

Example: A WordPress Theme has integrated small LinkedIn, Twitter and Instagram icon buttons into the footer of the theme, for an end customer to link their profiles from their website.

Not allowed:

• For other stand-alone logos in previews (eg., logo reveals on VideoHive), you should use the Envato logo or ‘sample’ logos.
• Don’t include standalone logos in the download of our item except in the cases Icon packs and social media logos like we mentioned above.

Example: A PhotoDune author uploading a Cityscape that contains buildings with their logos on them. The Logos should be removed before uploading to Envato.

Using Images of real world products in your item

When we refer to real world products, we are referring to images of real-world things like a car or a tablet or even a shoe.

The rules: You can use an image of a real world product if;

• the product is incidental to the image (small and not the focus)
• the product is not identifiable to a particular manufacturer
• your item itself is a product mockup
• the product is used for a mockup in the item description or preview of how your product operates OR
• if special 3DOcean rules apply.

There are some limitations on the main rules, please see below.

Note: You can use the relevant product name in your item titles, descriptions or tags to describe what your item actually is, provided that it meets with our separate trademark and logo rules.

Yes, go for it:

• If the product is incidental to the main focus of the image or footage it’s on
• A photo of a man using a mobile phone is ok since the real world products aren't the reason why the photo was taken - the real world products are incidental to the main image.

If the product is not identifiable to a particular manufacturer and there are no visible trademarks

• If your item is a product mockup and there are no visible trademarks

For example, an iPhone Mockup on GraphicRiver should not have any logos or trademarks visible.

• If you are showing compatibility with a product, or to show how a customer will use your item

For example, a ThemeForest author could generate mini-mockups in their preview, to demonstrate how their theme would look on a smartphone vs a laptop.

• If your item is a 3DOcean item:
  • Real world products can be both identifiable to a manufacturer and contain a logo
  • Note: This is because 3DO items are often part of an ecosystem where, as long as the right permissions are later obtained by a customer, it suits both users of the 3D items and product manufacturers to have high-quality 3D models available.
  • This does not apply to 3D items on Envato Elements.

Not allowed;

• Envato does not offer editorial licenses, so we don’t accept any items that have a real world product with an identifiable manufacturer as its focus (other than as listed above)
• This means that photos, videos, illustrations etc. cannot be focused on real-world products with logos.

For information specific to your item type see Trademark Use.

FAQs

What is a registered trademark?

Registered trademarks usually have the symbol ® or TM immediately after the mark.
If you use an identical or similar trademark for identical or similar goods and services to a registered trademark - you may be infringing the registered mark if your use creates a likelihood of confusion on the part of the public.

This includes the case where, because of the similarities between the marks, the public is led to the mistaken belief that the trademarks, although different, identify the goods or services originating from the source.

Where the registered mark has a significant reputation, infringement may also arise from the use of the same or a similar mark which, although not causing confusion, damages or takes unfair advantage of the reputation of the registered mark.

What about unregistered trademarks?

Some unregistered trademarks may be protected in some countries under trademark law, or alternatively under separate legal concepts like passing off or ‘unfair competition’. Whether or not the unregistered trademark is protected will depend on particular circumstances like:

Whether, and to what extent, the owner of the unregistered trademark was trading under the name at the date of commencement of the use of the later mark;

Whether the two marks are sufficiently similar, having regard to their fields of trade, so as to be likely to confuse and deceive (whether or not intentionally) a substantial number of persons into thinking that the goods and services are those of another;

The extent of the damage that such confusion would cause to the goodwill in the first user’s business.

Can I use Trademarks or Real World Products on Envato Elements 3D?

While Trademarks and Real World Products are allowed on 3DOcean, this exception does not apply to Envato Elements items in the 3D category.  3D items on Envato Elements, like other item types, cannot contain any trademarks or identifiable real-world products. This is due to the difference in licensing between our Market and Elements Subscription services.