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Intellectual Property

What can you do if a competitor copies your name or logo?

Your options depend heavily on whether your mark is registered. A registration gives you far stronger, broader rights and is easier to enforce; unregistered marks can still be protected through use-based rights (passing off in Canada, common-law rights and unfair-competition claims in the US), but proving them is harder and costlier.

What to do next

  1. Establish what rights you actually hold

    Check whether your mark is registered, in which countries, and for which goods and services. Gather evidence of your use — dates, sales, advertising, and any customer confusion you've observed.

  2. Assess the overlap

    Infringement generally turns on likelihood of confusion: how similar the marks are, whether the goods or services overlap, and whether you operate in the same market. Not every similar name is actionable.

  3. Escalate proportionately

    An IP lawyer can advise on a cease-and-desist letter, opposition or cancellation proceedings, or court action. Aggressive letters sent without analysis can backfire, including by prompting a challenge to your own mark.

Frequently asked questions

Do I need a registered trademark to act?

Not always, but it makes enforcement much easier and broader. Unregistered rights exist through use, but require you to prove reputation and confusion — significantly more expensive.

Is registering my business name the same as a trademark?

No. Incorporating or registering a business name doesn't give you trademark rights. They're separate systems, and many owners discover this only when a conflict arises.

Does a domain name give me rights?

Owning a domain isn't a trademark right, though there are specific dispute procedures for domains registered in bad faith.

How long does registration take?

Typically many months, and it varies by country and whether anyone opposes. Filing early is generally better than waiting until there's a dispute.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

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