A client messaged me on a Thursday afternoon with a screenshot and one sentence: "This company just launched with my logo."
She wasn't wrong. The new competitor had lifted her logo almost verbatim — same shape, same colour palette, different name in a similar font. They had launched ads. Their website was live. People were already confusing them on Instagram.
She wanted to know what to do. She was shaking, she said, and she wanted to threaten them publicly on Twitter.
I talked her off that ledge. Here's what we actually did instead.
Step 1: Document Everything Before You Do Anything Else
Before you contact anyone, before you post anything, before you send any message — screenshot and record everything.
Take timestamped screenshots of:
- Their website with the infringing logo visible
- Any social media posts where the logo appears
- Their Google Business Profile
- Any ads you can see running
- Any print materials or product photographs you can find
- Any domain registration information via a WHOIS lookup
Save these to a folder with the date. This documentation establishes what existed at a specific point in time. If this ever reaches a legal dispute, you need a record of the infringement as it stood before you contacted them — because logos disappear quickly once someone receives a legal notice.
Also gather your own documentation: the original design files with creation dates, any invoices from your designer, email threads about the design process, the date you first publicly used the logo. A designer who keeps timestamped source files can provide evidence of creation date. This is part of why keeping your complete logo files matters beyond just printing.
Step 2: Understand What Protection You Actually Have
The answer to "what can you do?" depends almost entirely on whether your logo is trademarked or just copyrighted — and understanding the difference matters before you take action.
Copyright protects original creative works automatically from creation. A logo created by a human designer (or based on one) has copyright protection from the moment it's made. Copyright protects against literal or near-literal copying.
Trademark protects brand identifiers — logos, names, slogans — in connection with specific goods or services in specific geographic markets. Trademark is registered (or established through continuous use), protects against confusingly similar marks, and is more powerful than copyright alone for brand protection.
If your logo is registered as a trademark, you have the stronger position. You can pursue trademark infringement, which covers similar-but-not-identical marks that might confuse consumers — not just exact copies.
If your logo is not trademarked (most small business logos aren't), you're working from copyright alone. Copyright protects against direct copying but requires more evidence of similarity and doesn't extend to similar-but-different marks the same way trademark does.
Check whether you have a trademark registration. If you're in the UK, search the IPO trademark register. In the US, search the USPTO TESS database. In the EU, search the EUIPO database. A trademark lawyer can tell you your position accurately within a short consultation.
Step 3: Assess Whether It's Actually Infringement
Not every similar logo is infringement. Before taking action, be honest with yourself about what you're looking at.
Clear infringement looks like: identical or nearly identical logo used by a company in the same or related industry, creating potential consumer confusion.
Murkier situations include: logos that share a common visual style but aren't substantially similar; logos based on the same stock elements or font treatments; logos that are similar but in completely unrelated industries.
The legal test for trademark infringement is "likelihood of confusion" — would a reasonable consumer confuse the two? For copyright infringement, the question is whether the copy is substantially similar to the original. Neither of these is a simple yes/no without legal knowledge.
If you're unsure, a trademark attorney can give you an initial assessment in a short call. Many offer free initial consultations. An hour with a specialist now is cheaper than proceeding incorrectly.
Step 4: Send a Formal Cease and Desist (Not a Twitter Post)
If the infringement appears clear, the standard first move is a cease and desist letter — a formal written notice demanding the other party stop using your logo.
A good cease and desist:
- States clearly what you own and the basis for your claim
- Describes specifically what they are doing that infringes on it
- Demands they stop by a specific date
- States what action you will take if they don't comply
- Is written on a lawyer's letterhead if possible
You can write one yourself, but a letter from a lawyer carries significantly more weight. Most infringers respond to a cease and desist from a law firm much faster than to one from an individual business owner. For a straightforward infringement case, many IP lawyers will draft a cease and desist letter for a flat fee, often a few hundred dollars.
What the letter should demand:
- Immediate cessation of use
- Confirmation they have stopped by a deadline
- Removal from all platforms, print materials, and digital presence
- Often: destruction of existing printed materials
What not to do: Don't post about it on social media before sending a formal notice. Don't contact them via personal social media or phone. Don't threaten consequences you're not prepared to follow through on. Keep everything in writing.
Step 5: If They Don't Comply, Know Your Options
Most infringement cases resolve at the cease and desist stage. When the other party realises you have documentation and legal standing, they typically comply rather than face litigation.
If they don't comply:
- Escalate to their hosting provider and domain registrar with a DMCA takedown notice (for copyright claims)
- File a complaint with advertising platforms (Google, Meta) if they're running ads with your logo
- Escalate to legal action — trademark or copyright litigation if the infringement is clear and the stakes justify it
Litigation is expensive and slow. For most small business owners, the calculation is whether the cost of legal action is justified by the harm being done. A competitor using a similar logo in an adjacent market may be worth fighting. A one-person startup in a different city and different industry using something vaguely similar is probably not worth a lawsuit — but a cease and desist is still warranted.
What Happened with the Client
We documented everything, drafted a formal cease and desist through a local IP solicitor, and sent it within 48 hours of discovery.
The competitor's response came back in four days: an apology, a commitment to redesign, and a new logo on their website within three weeks.
No tweet. No public confrontation. No lawsuit.
Document, assess, act formally. The sequence matters.
Logo file organisation and brand protection starts here.
We deliver complete logo systems with proper documentation — so you have exactly the files you need if your brand is ever challenged.
Document everything first — timestamped screenshots of their website, social media, ads, and any other place the copied logo appears. Then gather your own records: original design files with creation dates, designer invoices, and the date you first used the logo publicly. After documentation, assess whether it's clear infringement, then send a formal cease and desist letter — ideally from an IP lawyer, which carries significantly more weight than a message from you personally. Most cases resolve at this stage without legal action.
Copyright protection applies automatically to original creative works from the moment of creation, including logos designed by a human designer. You don't need to register copyright for it to exist. However, copyright registration strengthens your legal position if you need to pursue infringement in court, particularly in the US where statutory damages require registration. Copyright protects against substantially similar copying, but doesn't extend to similar-but-different marks the way trademark does.
Trademark registration significantly strengthens your brand protection beyond copyright alone. A registered trademark protects against confusingly similar marks in your industry, not just direct copies. It also makes enforcement simpler and more credible. Whether you need to register depends on how central your logo is to your business, whether you operate in markets where infringement is likely, and your budget for legal protection. For a growing business with distinctive branding, trademark registration is generally worth the investment.
A cease and desist letter should state clearly what intellectual property you own, describe specifically how it is being infringed, demand cessation by a specific date, and state the consequences of non-compliance. While you can write one yourself, a letter drafted by an IP lawyer on their letterhead is substantially more effective — most infringers respond much faster to formal legal correspondence than to a message from the business owner. Many IP lawyers offer flat-fee cease and desist drafting for straightforward infringement cases.
Trademark law covers logos that are confusingly similar, not just identical. If the marks are in the same or related industry and could cause consumers to confuse the two businesses, that can constitute trademark infringement even if the logos are not identical copies. Copyright requires more substantial similarity. Whether a 'very similar' logo constitutes infringement depends on the specific marks, the industries involved, and the geographic markets — an IP lawyer can assess your specific situation and tell you whether you have a viable claim.
It's generally not advisable to publicise the infringement before taking formal action. Posting about it before sending a cease and desist can give the other party time to delete evidence and make your documentation more difficult to use. It can also create legal complications if the case ever reaches litigation. The correct sequence is: document thoroughly, send a formal cease and desist, give them time to respond, then escalate. Public exposure may be appropriate if formal channels fail, but it should not be the first step.
Quick Answers
Amazon has a Brand Registry program that gives trademark owners tools to report and remove infringing listings. If you have a registered trademark, enrol in Amazon Brand Registry, then use the 'Report a Violation' tool to flag the listing. If you don't have a trademark, you can still submit a copyright infringement report through Amazon's notice process. For urgent cases — counterfeit products with your logo — Amazon typically responds faster than most platforms. Document the listing URL and ASIN before reporting.
A DMCA (Digital Millennium Copyright Act) takedown is a specific legal notice sent to a hosting provider or platform (website host, Google, social media) requesting removal of infringing content. It triggers a defined process where the platform must remove the content or risk liability. A cease and desist is a letter sent directly to the infringing party demanding they stop the infringement. They serve different purposes: a DMCA gets content removed from platforms, a cease and desist directly notifies the infringer and creates a legal paper trail.
Potentially, but with caveats. Canva logos often include elements from Canva's stock library — icons, shapes, illustrations — that are licensed for use but may not be exclusively owned by you. A trademark application requires you to have sufficient rights in the mark. Before applying, verify that any Canva elements you used are covered under a commercial license that permits trademark use. Purely typographic logos created in Canva using your own text are generally less problematic. A trademark attorney can advise on your specific design.
In the UK (IPO), trademark registration typically takes 3–6 months from application if there are no objections or oppositions. In the US (USPTO), the process takes 8–12 months on average. EU trademark registration through EUIPO typically takes 4–6 months. These timelines assume a straightforward application with no conflicting marks and no examination objections. Working with a trademark attorney reduces the risk of procedural delays. You can use the ™ symbol immediately after filing; ® is only used after registration is granted.
Trademark rights are territorial — a UK trademark only gives you rights in the UK. If the infringing company is in another country, you may have rights in your own market but limited ability to pursue them in their country unless you also have trademark registrations there. Copyright is more broadly recognised internationally under the Berne Convention. An IP lawyer with international experience can advise on cross-border options. For platform-specific infringement (websites, social media, marketplaces), DMCA and platform reporting processes apply regardless of the infringer's country.