Someone copied my logo. What can I do?

Registered trade mark. If your logo is registered at the Intellectual Property Office, use of an identical or similar sign for the same or similar goods or services can infringe (section 10 of the Trade Marks Act 1994). This is usually the most straightforward right to enforce.

Copyright. An original logo is usually an artistic work, as a graphic work is protected whatever its artistic quality (sections 1 and 4 of the Copyright, Designs and Patents Act 1988). Copyright arises automatically and there's no UK register. Copying the whole or a substantial part of it, or issuing copies to the public, without permission infringes (section 16 of the Copyright, Designs and Patents Act 1988). It protects against copying, not someone independently creating something similar, and it generally won't protect a name on its own.

Passing off. Without registration, you may have a claim if you have goodwill in the logo and their use misleads customers into thinking they're connected with you, damaging your business. This needs more evidence and usually costs more to run.

If a freelancer or agency designed your logo, they own the copyright unless they assigned it to you, and an assignment only works if it's in writing and signed by them (section 90 of the Copyright, Designs and Patents Act 1988). If an employee designed it as part of their job, the business owns it unless agreed otherwise (section 11 of the Copyright, Designs and Patents Act 1988).

If the logo uses stock art or a template, check the licence, because you may not own those parts. Fix any gaps in ownership first. Platforms and courts will ask for proof.

Before contacting the other business, record:

• screenshots of their logo in use, with URLs and dates
• product listings, packaging, invoices or social media posts
• any signs of confusion, such as messages, orders or reviews meant for you
• your own evidence: design files, the designer's contract or assignment, your trade mark registration and when you started using the logo

Do this first. Once they know you've noticed, material can disappear.

A letter that sets out your rights, what they've done, what you want (for example, to stop using the logo and remove stock) and a deadline often resolves things without court. Online marketplaces and social media platforms also have intellectual property complaint forms that can get listings removed quickly.

Take care with trade mark threats. Under the unjustified threats rules in the Trade Marks Act 1994 (sections 21 to 21F), anyone harmed by an unjustified threat of infringement proceedings can seek a declaration, an injunction and damages (section 21C of the Trade Marks Act 1994). Threats made to the business that applied the logo to goods, imported them or supplies services under it are generally not actionable (section 21A of the Trade Marks Act 1994), but threats to its retailers or customers can be. Some communications, such as telling someone a trade mark exists, are permitted. Get the wording checked before you send it.

Courts expect you to try to resolve the dispute first, possibly through mediation. If that fails, in England and Wales the Intellectual Property Enterprise Court (IPEC) is designed for smaller businesses:

• IPEC small claims track: for claims below £10,000 involving copyright, trade marks, passing off and some other rights. You don't need a lawyer.
• IPEC multi-track: for larger claims, with damages capped at £500,000 and recoverable legal costs capped at £60,000.

Remedies can include an injunction, damages or an account of profits, and delivery up or destruction of infringing goods. Scotland and Northern Ireland have their own courts for these claims.