Someone Copied My Brand Name – What Should I Do?

It must be very frustrating and disheartening to see someone use your design or brand name that you have invested time and money in making. If there is an instance of someone stole my business name, you should first establish what your rights are in relation to trademarks, then collect all evidence available to you and determine how you should act.

If you are wondering what to do if someone is using your business name, you should begin with verifying whether you have registered the name as a trademark. For example, registration gives you stronger rights under legislation in respect of the goods or services included in the trademark registration.

Another way to make an informed decision regarding your rights is to gather the following evidence:

• Printed screenshots of the competitor’s website and social media sites
• Printed advertising and packaging materials
• Printed receipts and purchase confirmations
• Dates of your business name use
• Your trademark registration certificate if you have it

In case someone is utilizing your logo without your consent, you need to ascertain if the logo is protected by either copyright or trademark and find a difference in the way the other person utilizes it. A registered trademark bestows the exclusive rights over the goods or services related to it. Section 134 of the Trade Marks Act identifies certain cases of the unauthorized use of a trademark as an infringement. If you encounter this question of someone is using my logo without permission then make sure your logo is registered, it is much easier to go through the procedures of trademark protection in order to prevent unauthorized commercial use.

If you discover that someone is using a trademarked logo without permission, it should gather relevant evidence and ascertain if the on-going case amounts to a trademark infringement.

The law defines infringement as the use, without the authorization of the trademark owner, of a similar or identical trademark in situations mentioned in Section 29 of the Act. It can be used for goods, packages, advertisements, business correspondence, and services.

It is advisable not to make any allegations until the nature of use of your trademark is studied and checked against the registration.

In case you need to know what to do if someone infringes on your trademark, the initial step is to issue a cease and desist order to the organization that is using your trademark without your permission. The final solution will differ from case to case depending on the severity of the infringement.

In case the infringing party has filed an application for a conflicting trademark, you may want to consider filing a trademark opposition against the trademark application.

In case of serious trademark infringement, you may have to resort to legal measures available to you under the Trade Marks Act, which allows the courts to provide remedies such as injunctions and damages, if needed.

If your trademark has not been registered, you have limited options. Sections 27 of the Trade Marks Act provides that no remedy for trademark infringement can be claimed for an unregistered trademark, but it does not limit recovery for passing off.

Thus, if someone is using your trademark and you want to act against them then even though it is not registered at that time, you still need to demonstrate that you have prior usage claim and good will. And also obtain professional legal advice to find a way out.

If someone is using a company logo without permission, it should not be considered infringement of a trademark in every situation. The first thing that you must do is evaluate if the logo is registered, how it is being used, and if that use can possibly create confusion or fall under an applicable legal exception.

Similarly if any person is using someone's logo without permission without their consent might lead to legal liability if it amounts to breach of copyright or trademark rights of the author.

If you notice that your brand is being used without your permission, do not react impulsively. If somebody stole my company name, it is important to check your registration status, gather proof, analyze the competing use, and work out whether the next step should be serving the notice, opposing the use or taking the case to court. Timely legal measures provide protection for the brand that is created.