Free Brand Legal Advertising Compliance Checklist

Trademark Compliance

• Check if the logo and slogans used in the ad are registered. If not, consult with the legal team for proper usage.

• For any third-party trademarks, ensure there is a valid license agreement.

Copyright Compliance

• Validate that all images and music in the ad are either created in-house or properly licensed.

• Maintain an organized file with licenses and permission letters for all third-party creative content.

Advertising Standards and Regulations

• Review the advertisement against the FTC’s (Federal Trade Commission) guidelines to ensure it meets national advertising standards.

• For industry-specific ads, like healthcare, check compliance with relevant regulatory bodies like the FDA.

Truth in Advertising

• Audit all product claims in the advertisement for accuracy and support them with evidence. For industry-specific ads, like healthcare, check compliance with relevant regulatory bodies like the FDA.

• Document sources and proofs for any comparative claims or customer testimonials.

Privacy and Data Protection

• Ensure any consumer data used for targeted ads has been obtained with explicit consent and is handled according to GDPR or other relevant data protection laws.

• Review the ad for compliance with online privacy standards, especially if targeting children or sensitive groups.

Social Media and Digital Compliance

• Confirm that the ad adheres to the advertising guidelines of platforms like Facebook, Instagram, or Google.

• Include necessary disclaimers and disclosures, especially for sponsored content or influencer collaborations.

Consumer Protection Laws

• Check for compliance with consumer protection laws, ensuring there are no misleading price claims or hidden conditions.

• Review the legalities of promotional tactics like discounts, offers, and warranties.

Intellectual Property Rights Clearance

• Secure and document clearances for any patented technology or trade secrets featured in the ad.

• Regularly update the IP clearance records to avoid potential conflicts.

Content Review and Approval Process

• Implement a structured review process involving the legal team for vetting all ad contents.

• Keep a log of each ad version, comments from the legal team, and the final approved version.

Trademark Compliance

• Check if the logo and slogans used in the ad are registered. If not, consult with the legal team for proper usage.

• For any third-party trademarks, ensure there is a valid license agreement.