What to Do If Someone Uses Your Logo Without Permission
In today’s competitive market, your logo and brand are more than just visual elements — they are the core of your business identity. They convey trust, quality, and reputation. Unfortunately, brand misuse is a growing issue in Australia, with businesses facing copycat logos, counterfeit goods, and misleading marketing designed to exploit their reputation.
If someone uses your logo or brand without permission, Australian Intellectual Property Law provides avenues to protect your rights and take action. This article explains how to recognise infringement, what steps to take, and how to prevent future misuse.
Recognising Brand and Logo Infringement
Logo or brand infringement occurs when a person or business uses a mark that is identical or substantially similar to your registered trade mark without consent. This can mislead consumers into thinking there’s an association with your business, potentially damaging your reputation and revenue.
Examples include:
Using your registered logo on their website or packaging
Selling counterfeit products bearing your trade mark
Creating a brand name or logo so similar that customers confuse the two
Misrepresenting affiliation with your business
The Legal Protections Available
Australian Intellectual Property Law offers several protections for brands and logos:
Trade Mark Registration: Registering your logo with IP Australia gives you exclusive legal rights to use, licence, and sell it. It also allows you to take infringement action against unauthorised use.
Passing Off: Even if your logo is not registered, you may have rights under the common law principle of “passing off”, which protects against misleading representations.
Australian Consumer Law (ACL): Under the ACL, conduct that misleads or deceives consumers about the origin of goods or services is prohibited, providing another avenue for enforcement.
What to Do if Someone Uses Your Logo Without Permission
Gather EvidenceDocument every instance of infringement. This includes:
Screenshots of the unauthorised use
Copies of packaging, advertisements, or websites
Dates and times the logo was used
Evidence is crucial for proving your case in negotiations or court.
Confirm Your Legal RightsCheck if your logo is a registered trade mark. If not, consider filing an application with IP Australia immediately. You may still have rights under common law, but registration provides stronger and more straightforward protection.
Send a Cease and Desist LetterA solicitor experienced in Intellectual Property Law can draft a formal notice demanding the infringing party stop using your logo. This letter often resolves disputes quickly without the need for court action.
Lodge a ComplaintDepending on the situation, you can:
File a complaint with online platforms hosting the infringing content
Notify the Australian Competition and Consumer Commission (ACCC)
Contact IP Australia regarding potential trade mark opposition or cancellation proceedings
Take Legal ActionIf the infringer refuses to comply, you can commence court proceedings seeking:
An injunction to stop further use
Damages or an account of profits
Orders to destroy counterfeit goods
Preventing Future Infringement
While you can’t always stop others from trying to misuse your brand, you can reduce the risk with proactive measures:
Register Your Trade Marks with IP Australia early
Monitor Your Brand Online using monitoring tools or services
Act Quickly when you spot potential infringement
Include Brand Protection Clauses in licensing or partnership agreements
Why Acting Fast Matters
Delaying action can make enforcement harder and weaken your claim. Infringers may establish their own customer base, making it more difficult to prove damages. Fast action sends a clear message that you actively protect your brand.
How an Intellectual Property Lawyer Can Help
An experienced IP lawyer can:
Assess whether infringement has occurred
Advise on your strongest legal grounds
Draft and send cease and desist notices
Negotiate settlements
Represent you in court if needed
Your logo is more than a design — it is the face of your business and a symbol of trust for your customers. Australian Intellectual Property Law gives you the tools to stop unauthorised use and hold infringers accountable. Acting swiftly not only protects your brand but also reinforces its value in the marketplace.
Your brand is your business’s identity — don’t let others misuse it. Our expert Intellectual Property lawyers can protect your trade mark, stop unauthorised use, and help you secure your rights.
