What To Do If Someone is Using Your Trade Mark On Their Website?

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Table of Contents

• Confirming Trade Mark Infringement
• Assess Your Options
• Enforce Your Trade Mark Rights
• Ensure You Register Your Trade Mark
• Key Takeaways
• Frequently Asked Questions

Say you are browsing online and find your logo on another business’ website. If you have not permitted that business to use your logo, they might be committing trade mark infringement. However, before you jump to conclusions and request them to take it down, you must carefully assess whether they have infringed your trade mark. Once confirmed, you need to weigh up your options for trade mark enforcement. This article will take you through what you should do if someone uses your trade mark on their website without your consent.

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Confirming Trade Mark Infringement

You need to ensure that the business has infringed your trade mark before you take any measures to enforce your trade mark rights. Ultimately, there may be negative consequences if you accuse someone of infringement without a legal basis. If you believe someone is infringing your trade mark, you will need to demonstrate that the:  

1. trade mark in question is substantially identical with, or deceptively similar to, your registered trade mark; and
2. other party uses the trade mark concerning the same or closely related goods or services. 

If someone is using a trade mark that looks similar to yours, you should compare your trade mark with the one they are using to determine if they have the same overall impression. You should also consider whether the two are close enough that a consumer would get confused between the two.

Assess Your Options

Once you have determined someone is using your trade mark on their website without your consent, you need to assess your options for trade mark enforcement. 

At this stage, you should consult with your trade mark specialist or consider engaging one. A trade mark or IP specialist will be well-positioned to guide you on the most appropriate response.

Enforce Your Trade Mark Rights

The usual options for taking action are outlined below.

1. Send a Cease and Desist Letter

A cease and desist letter refers to a notice you can send to stop others from infringing on your trade mark rights. This is similar to a letter of demand that can outline your rights and demands, including ceasing their use of your trade mark. This is likely the most appropriate course of action when someone has placed your logo on their website. However, it might be the case that they are unaware they are infringing on your trade mark. In these circumstances, a cease and desist letter will let them know to remove your logo. This allows them to rectify their error before you take further action.

2. Go to Court

If your cease and desist letter goes ignored, consider commencing legal proceedings against the other party. Since this is a costly and time-consuming process, weighing the benefits of doing so carefully, including the likely prospects of succeeding in a court case, is essential. This will require you to assess the other party’s detriment using your trade mark on your business. 

Ensure You Register Your Trade Mark

Most business owners should register their trade mark. Although it is not mandatory to register your trade mark, you can place yourself in a firmer position to prevent trade mark infringement. As a result, your trade mark becomes a significant asset of your business.

Key Takeaways

If you have not permitted another business to use your logo on its website, the business may be committing trade mark infringement. Before taking action, you will need to:

• confirm that your trade mark is being infringed;
• seek the assistance of an IP specialist; and
• assess your enforcement options. 

If you have questions about a potential infringement claim, our experienced intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.

Frequently Asked Questions