Trademarking Your Logo

Yes, potentially, but legal escalation can be expensive and should generally be treated as an enforcement step of last resort.

We know that the first reaction when somebody copies your logo can be to take immediate and aggressive action. However, the first step should usually be investigation. More often than you might expect, the person using the logo does not realise they are doing anything wrong.

We regularly receive calls from people who have received a cease and desist letter and had no idea that they might be infringing somebody else’s rights. An inadvertent infringement can cause as much customer confusion and reputational damage as a malicious one. It can also become unnecessarily confrontational and expensive if the initial approach is not handled calmly.

When somebody copies a logo, the danger is not simply that they have reused some artwork. Customers may believe they are dealing with your business, buy from a competitor, leave reviews against the wrong company or associate poor products and services with your brand. The longer the confusion continues, the greater the potential financial and reputational damage.

Before taking action, it is important to establish which rights you own and what has actually been infringed.

A registered logo trademark can provide a clear basis for action where the copied or confusingly similar logo is being used for relevant goods or services. Copyright may also protect the original artwork automatically, but you must be able to demonstrate that you own it. Paying a designer to create a logo does not necessarily transfer the copyright unless the ownership position was properly agreed.

Depending on the circumstances, registered design rights or passing off may also be relevant. Passing off can protect an unregistered brand, but normally requires evidence of goodwill, misrepresentation and resulting damage. This can make it more complicated and expensive to establish than relying on a registered right.

TMH begins by assessing:

• Who owns the logo and its underlying artwork.
• Which registered and unregistered rights may apply.
• Whether the other logo is genuinely similar.
• How, where and why it is being used.
• Whether customers are likely to be confused.
• What evidence should be preserved.
• Whether the infringement appears inadvertent or deliberate.
• What outcome you actually want.

If your main objective is simply to stop somebody using your brand or logo, a registered trademark can often help you avoid legal expenses. Clear registered rights may allow the issue to be resolved through an initial conversation, a platform or marketplace takedown, a cease and desist letter, negotiated changes to the branding or a written agreement preventing further use.

If you are seeking compensation for financial loss or measurable reputational damage, the position may be different. Evidence will be required to quantify that loss. If the other party is not prepared to agree an appropriate payment, legal action may become the only viable route to recovering what you believe you are owed.

Legal action is not reserved for major companies. Our article about Rebecca Sloan’s trademark dispute shows that smaller businesses can enforce their rights, but also demonstrates why the likely damages, legal costs, available court process and commercial objective must be considered before proceedings begin.

We can manage the majority of the investigation, initial correspondence and paralegal enforcement work internally. Where court proceedings, an injunction or other regulated legal action becomes necessary, we can coordinate support through our trusted panel of regulated partners while remaining your central point of contact.

Our Monitoring and Defence packages include up to two hours of enforcement support within each 12 month period. In many cases, this is enough to investigate the position, send a cease and desist letter and attempt to resolve the issue before it develops into a more expensive dispute.

The result is a proportionate strategy focused on stopping the damaging use, protecting your customers and reputation, and keeping your cost exposure as low as possible.

If somebody is currently copying your logo, preserve the evidence and avoid making threats before the position has been assessed. Tell us about the trademark or brand issue and we will help you identify the most appropriate next step.

Answered by Laura Spencer, Paralegal