Another business is using a name similar to my registered trademark
Question:
My trademark is registered, but another business has started using a similar name and logo. What action can I take?
My trademark is registered, but another business has started using a similar name and logo. What action can I take?
Answer:
Collect evidence of your trademark registration, prior use, advertisements, invoices, website records and the other party’s infringing use. A cease-and-desist notice may be issued demanding that the unauthorised use be stopped. If the infringement continues, civil remedies such as injunction, delivery-up and damages or account of profits may be considered. The similarity of the marks, nature of goods or services and likelihood of public confusion must be evaluated.
Collect evidence of your trademark registration, prior use, advertisements, invoices, website records and the other party’s infringing use. A cease-and-desist notice may be issued demanding that the unauthorised use be stopped. If the infringement continues, civil remedies such as injunction, delivery-up and damages or account of profits may be considered. The similarity of the marks, nature of goods or services and likelihood of public confusion must be evaluated.