Trademark Infringement and Enforcement
Someone is using your name. What you can do about it depends heavily on whether you registered it, and on what you do in the first few weeks.
Registration is what changes your options
With a registered mark, you have a statutory right and a certificate that proves it. A letter carries weight because the recipient can check the register and see you are right.
Without registration, you are relying on reputation built through use. That can work, but proving it is slow, evidence-heavy and expensive, and the other side knows it.
This is the practical argument for registering before you need it — the cost difference between having a certificate and proving reputation is very large, and it lands exactly when you are least able to absorb it.
What to do in the first week
Record what you found
Screenshots with dates, listings, packaging, invoices - anything showing their use and its extent. Evidence gets deleted once they know you have noticed.
Check your own position
Is your registration current? Does it cover the class they are operating in? A mark registered in one class does not automatically reach another - see our page on classes.
Check who they are
A large company with its own registration is a different problem from a small trader who copied a name. The response should differ.
Send a properly drafted notice
A cease and desist letter resolves a good proportion of these, and it costs a fraction of anything else. It has to be accurate - an overreaching letter invites a reply that costs you the initiative.
Decide how far you will go
Before sending anything, decide what you will do if they refuse. A notice you will not follow up teaches them you will not.
Written 5 September 2026. Government requirements and portal behaviour change — message us to confirm before you rely on any date or figure here.
Watching the register too
Separately from actual use, someone may apply to register a mark similar to yours. That is stopped by opposing the application during the window after publication — see our page on opposition.
The window is limited and it does not reopen. Checking the journal periodically, or having someone do it, is a small cost against losing the ability to object.
Common questions
Send us your case
Send us screenshots of their use and your registration number if you have one. We will tell you where you actually stand.
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What comes before filing, and what comes after.