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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.
This may be infringement of your registered mark.
High complexity - significant legal consequences
- Section 29(1) and (2) cover use in trade of an identical or deceptively similar mark for the same or similar goods or services where confusion is likely.
- Before acting, check whether they used the mark before you did - a continuous prior user may be protected (section 34) - and whether your registration is vulnerable for non-use (section 47).
- Collect evidence: dated screenshots, purchases, invoices, marketplace listings.
- Options include a legal notice, marketplace takedown requests, and a suit for injunction and damages. Be careful with threats: the Act provides a remedy against groundless threats.
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