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Trademark: someone is using my brand name or logo. What can I do?
Your options depend mainly on whether your mark is registered, what goods they use it on, and who used the mark first.
You cannot sue for infringement of an unregistered mark - but passing off may be available.
High complexity - significant legal consequences
- Section 27(1) bars infringement proceedings for unregistered marks; section 27(2) preserves the action for passing off.
- Passing off generally requires your goodwill, their misrepresentation causing confusion, and damage to you. Evidence of your earlier use is central.
- If they have applied to register the mark, you can oppose within four months of advertisement (section 21), or later seek rectification.
- File your own application now if you have not already done so.
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