Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Comparative advertising definition

What does Comparative advertising mean? advertising that names, or otherwise identifies, a competitor or its goods or services in order to compare them with the advertiser’s own. In legal practice this covers any ad that explicitly or by implication points to a rival. The concept is defined in legislation: in the UK by the Business Protection from Misleading Marketing Regulations 2008 (retained EU law) and in Ireland by the 2007 Regulations implementing Directive 2006/114/EC. Usage and legal tests are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland. A comparative advertisement is lawful only if it is not misleading; compares goods or...

Comparative advertising in the UK: legal framework, conditions for lawfulness, trade mark interaction and enforcement

Published by a LexisNexis IP expert

Practice notes

Many companies aim to promote their goods or services by drawing comparisons with a rival to secure a commercial edge. For example, a business might present its products as superior in quality or more competitive in price than a competitor’s. The law in this area seeks to balance the various interests affected when comparative advertising is permitted.

In short:

adverts may point out comparable features of products to consumers, but
adverts must not distort competition, harm trade mark proprietors, or negatively impact consumer choice

Content

This Practice Note examines the following areas:

What is comparative advertising?
Legal framework
What conditions must be satisfied for a comparative advert to be lawful?
How does comparative advertising relate to trade mark law?
Enforcement in the UK

What is comparative advertising?

It is defined as any advertising which, expressly or by implication, identifies a competitor or the goods or services offered by a competitor. The definition was originally derived from Article 2(c) of Directive 2006/114/EC (the EU Misleading and Comparative Advertising Directive)...

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Paul Jordan

Bristows

Paul is a Partner in the Intellectual Property department specialising in advertising and marketing law and brand protection matters generally. He joined Bristows in 2009.Though his experience covers the full range of intellectual property issues (both contentious and non-contentious), Paul's work focuses on content licensing, trade mark and copyright infringement, and advertising clearance. His experience includes advising on: global IP protection; global brand restructuring; passing off disputes; brand launches; and the defence of ASA and PhonepayPlus investigations.Paul's wide range of clients includes major brand owners, car manufacturers, retailers, airlines, financial service providers and media companies.Paul regularly speaks on brand protection and advertising law matters and has been widely published, including in the leading advertising industry guide - Ad Law - published by the Institute of Practitioners in Advertising....

Timothy Heaps

Bristows

Tim trained with Bristows and qualified into the Intellectual Property Litigation department in 2014. His experience covers both contentious and non-contentious matters, with a focus on trade mark and copyright disputes, patents, confidential information and advertising advisory work. Since joining Bristows, he has spent time on secondment in the in-house legal department of a multi-national company, advising on brand protection and marketing....

Web page updated on 21/05/2026

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