Someone Copied My Logo: What Should I Do?

Yes, you may be able to stop someone who copied your logo - but the best next step depends on what rights you actually have, what they copied, and how they're using it.

Finding a copied business logo can feel personal. You may have paid a designer, built a brand around it, and spent years helping customers recognise it. So it's completely understandable if your first instinct is to send an angry message straight away.

Before you do that, it's worth slowing down for an hour and getting your evidence and legal position clear. A well-prepared letter is often much more effective than a rushed complaint, and it can help you avoid making claims that are harder to prove later.

Can I Stop Someone Who Copied My Logo?

It depends, but you usually have a stronger position if your logo is original, you own the rights in it, and the other business is using something similar in a way that could confuse customers.

In Australia, a logo can be protected in a few different ways. You don't need to choose just one. In many situations, you may rely on more than one legal argument at the same time.

The main options are:

• Copyright: If your logo is an original artistic work, copyright may protect the artwork under the Copyright Act 1968.
• Trade marks: If your logo is registered as a trade mark, or you have applied to register it, you may have rights under the Trade Marks Act 1995.
• Passing off: If the other business is presenting itself in a way that misleads customers into thinking there's a connection with your business, passing off may apply.
• Australian Consumer Law: If the conduct is misleading or deceptive, you may be able to rely on the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010.

Say you run a cafe in Brisbane called Sol & Bean. Your logo is a hand-drawn sun wrapped around a coffee bean, created in 2022. You find a cafe in the same suburb using a very similar sun-and-bean logo, with a similar colour palette and font. Customers have messaged you asking whether you have opened a second location.

That isn't just annoying. It gives you real facts to work with: similar branding, similar services, the same location, and actual customer confusion.

Is A Copied Logo A Copyright, Trade Mark Or Passing Off Issue?

It could be any of these, and the differences matter because each claim protects something slightly different.

Copyright

Copyright protects the artistic expression in the logo, not the general idea behind it. For example, copyright may protect your particular drawing of a koala holding a paintbrush, but it won't stop every business from using a koala in their branding.

Copyright usually arises automatically when the work is created. There's no copyright registration system in Australia for ordinary business logos.

One practical trap is ownership. If an employee created the logo as part of their job, your business may own the copyright. If a freelancer or design agency created it, they may still own it unless there's a written assignment of copyright to your business.

Copyright in many artistic works generally lasts for the life of the creator plus 70 years, but the ownership question often matters more than the duration.

Trade Marks

A trade mark protects a sign used to distinguish your goods or services from others. A logo can be registered as a trade mark through IP Australia, provided the application is filed in the right name and classes.

A registered trade mark can be very useful because you don't need to prove the other business copied your artwork. Instead, the focus is often on whether they're using a substantially identical or deceptively similar sign for the same or similar goods or services.

Trade marks are registered in classes. For example, a cafe may consider class 43 for cafe services, and class 30 if it sells branded coffee beans. Registration lasts for 10 years, and trade mark renewal can usually be completed every 10 years.

Passing Off And Misleading Conduct

Passing off and misleading or deceptive conduct are about customer confusion and reputation. These claims can help where you have built goodwill in your brand, even if you haven't registered your logo as a trade mark.

You'll usually need evidence that customers recognise your brand and that the other business' conduct is likely to mislead people. Screenshots, customer messages, reviews, invoices, sales data and advertising history can all help.

What Evidence Should I Collect Before Sending A Letter?

You should collect evidence before contacting the other business, because logos can be changed, posts can be deleted, and websites can disappear quickly.

Think of this as taking a clean snapshot of what has happened. You aren't trying to build a court case from scratch. You're making sure you can clearly explain the issue and back it up if the other side denies it.

Your Evidence Checklist

• Screenshots: Capture the copied logo on websites, social media pages, marketplaces, app listings, email signatures and online ads.
• Dates: Save the date you first saw the logo and the dates shown on posts, ads, product listings or website pages.
• URLs and account names: Record where the logo appears and who is using it.
• Products or services: Note whether they're selling the same or similar goods or services as you.
• Geography: Record whether they're operating in the same suburb, city, state or online market.
• Your first use: Gather files showing when you first used your logo, such as design files, invoices, website launch emails, Instagram posts and packaging orders.
• Ownership documents: Find your designer agreement, copyright assignment, employee contract or branding agency terms.
• Customer confusion: Keep messages from customers, suppliers or partners who thought the other business was connected to yours.
• Your trade mark details: Save any IP Australia application or registration details, including the classes and status.

Try not to edit images beyond basic cropping. Keep originals where you can. If the matter becomes more serious, clean records can make a big difference.

Also avoid public accusations before you get advice. Calling someone a thief online might feel satisfying in the moment, but it can make the dispute harder to resolve and may expose your business to unnecessary risk.

Should I Send A Cease And Desist Letter About My Logo?

Often, yes - but it should be accurate, measured and tailored to your rights and the outcome you want.

A cease and desist letter about a logo is usually a formal letter asking the other business to stop using the logo, remove it from specific places, and confirm what they will do next. It can be a practical first step because many disputes are resolved once the other side understands your rights and the commercial risk.

The tone matters. If the letter is too aggressive or makes claims you can't support, it may backfire. If it's too vague, the other side may ignore it.

What To Include In A Logo Cease And Desist Letter

This outline isn't a finished legal document. A lawyer should tailor it before you use it, especially if you're alleging trade mark infringement, copyright infringement, passing off or misleading conduct.

1. Your business details: Identify your business name, ABN or ACN, and the brand you trade under.
2. Your rights: Explain whether you rely on copyright, a registered trade mark, pending trade mark application, reputation, or a combination of these.
3. Your evidence of use: State when you first used the logo and where it has appeared, such as packaging, signage, your website and social media.
4. The copied conduct: List the specific logo use you're concerned about, including websites, social media accounts, product pages or physical signage.
5. Why it's a problem: Explain the similarity, overlap in goods or services, customer confusion, or risk to your brand.
6. What you want them to do: Ask them to stop using the logo, remove it from nominated channels, stop printing materials, and confirm they won't use confusingly similar branding.
7. Timing: Give a clear response deadline, such as 7 or 14 days, depending on urgency and the nature of the use.
8. Reservation of rights: State that your business reserves its rights if the matter isn't resolved.

If the copied logo is being used in paid ads, on a product launch, or for an event happening soon, a shorter deadline may be appropriate. If it's a small website with low traffic, a more reasonable timeframe may help the dispute settle calmly.

Can I File A Trade Mark After Someone Has Copied My Logo?

Yes, you can often apply to register your logo as a trade mark after you discover a copycat, but it may not fix everything straight away.

A trade mark application isn't the same as a registered trade mark. IP Australia examines your application, and if it's accepted, it's advertised for opposition. The opposition period is 2 months from the date it's advertised as accepted.

If no one opposes it and the application moves through successfully, registration can give you stronger rights going forward. In many cases, your registration date can go back to your filing date, but you still need to be careful about how you deal with conduct that happened before registration.

Filing quickly can help if:

• you have been using the logo for some time but never registered it
• the other business hasn't filed first
• your logo is distinctive enough to be accepted
• you're using the logo for goods or services that match the classes you apply for
• you want a clearer enforcement position in the future

There are also limits. IP Australia may raise issues if your logo is too descriptive, too similar to an earlier mark, or filed in the wrong classes. If someone else has already filed a similar trade mark, you may need advice on opposition, coexistence or other options.

You should also check that you own the copyright in the logo before filing. If a designer created it and never assigned the copyright to you, filing a trade mark may not solve that ownership gap.

What If They Ignore Me Or Say They Created It First?

If they ignore you or deny copying, your next step is to reassess your evidence, your commercial goal, and the strength of your rights before escalating.

Not every logo dispute needs to become expensive or hostile. Sometimes the smartest outcome is a rebrand deadline, a written undertaking, or a trade mark coexistence agreement that keeps each business in its lane.

Worked Example: Sol & Bean

Let us go back to Sol & Bean in Brisbane. You discover the other cafe is using a similar logo on Instagram, its shopfront, takeaway cups and a delivery app listing.

You gather:

• your designer invoice from 15 March 2022
• a signed copyright assignment from the designer
• your first Instagram post using the logo from 1 April 2022
• photos of your shop signage installed in May 2022
• three customer messages asking whether the other cafe is your second store
• screenshots of the other cafe's logo from 6 online locations

You haven't registered your logo as a trade mark yet. After advice, you apply for the logo in class 43 for cafe services and class 30 for coffee products, because you sell beans online. You also send a tailored cease and desist letter asking the other cafe to remove the logo from online channels within 7 days and phase out printed cups within 21 days.

The other cafe says its designer made the logo independently. Because you have strong evidence of earlier use, a copyright assignment, overlapping services and actual confusion, your position is much clearer than it would have been if you had sent a rushed message with no records attached.

Practical Options If The Dispute Continues

• Negotiate a phase-out: This can work where the other business has printed stock and is willing to rebrand within a set timeframe.
• Ask for written undertakings: These are written promises to stop using the logo and avoid similar branding in the future.
• Use platform reporting tools: Some social media platforms and marketplaces have IP complaint processes, especially where you have a trade mark registration.
• File or continue a trade mark application: This can strengthen your long-term brand protection, even if it doesn't instantly resolve past use.
• Consider further legal steps: If the conduct is serious, ongoing or damaging your business, tailored advice can help you weigh up the commercial value of escalating.

The right option depends on your evidence, the other business' response, your budget, and how much the confusion is affecting your business.

Key Takeaways

• If someone copied your logo, don't rush into an angry message. Take screenshots, save dates, and collect proof of your own first use.
• A logo dispute may involve copyright, trade marks, passing off and the Australian Consumer Law. Each one protects something different.
• Check who owns the logo. If a freelancer or agency created it, you may need a written copyright assignment.
• A registered trade mark can make enforcement easier, but your application needs the right owner, logo and classes.
• A cease and desist letter should be specific, evidence-based and clear about what you want the other business to do.
• If the other side pushes back, consider practical outcomes like a phase-out, written undertakings or a tailored enforcement strategy.

If you'd like help with checking your rights in your logo, preparing a cease and desist letter, filing a trade mark application or sorting out a copyright assignment, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.