Someone Is Using My Trademark: What to Do, From First Checks to Court

Someone is using my trademark: the short answer

You can usually stop the use if your mark is registered for the same or similar goods or services and the other side's use is likely to confuse the public; without a registration you may still win in passing off. Most disputes settle at the letter stage. Match what you have found to the first route worth trying:

What you have found	First route to consider	Who decides
A competitor trading under an identical or similar name or logo	Letter before claim, then the IPEC or High Court	The court
A new trade mark application copying your mark	Opposition within the publication window	UKIPO or EUIPO
A registered mark that conflicts with your earlier rights	Invalidation or, for unused marks, revocation	UKIPO or EUIPO
Copied listings on a marketplace or social platform	The platform's infringement report or brand protection programme	The platform
A look-alike website domain	Nominet DRS for .uk names, UDRP for .com and most generic domains	An independent expert or panel
Fake goods being imported	An Application for Action with HMRC	Border Force, then the court if contested

Check what you own: registration, territory and classes

A registered trade mark protects the sign as registered, in the territory of the register, for the goods and services in your specification. A UK registration works in the UK; an EU trade mark covers the EU but, since Brexit, not the UK; a Madrid international registration is a bundle of national or regional rights enforced country by country.

Pull your register entry and note the exact mark, the number and date, the owner and the specification. If the copier sells clothing and your mark covers only software, your better claim may be passing off or reputation-based infringement. If the registered owner is a dissolved company or a former director, fix the title before you write to anyone.

If your registration is more than five years old, expect to prove genuine use: the HMCTS guide to the IPEC small claims track asks claimants with marks over five years old to explain which goods or services they have actually used them for. If you have not registered at all, our guide on registering a trademark internationally through Madrid, the EUIPO and the UKIPO covers filing; this article deals with what to do once the copying has started.

Is it really trademark infringement? Identical, similar and likely to confuse

Infringement is defined by section 10 of the Trade Marks Act 1994 and covers only use "in the course of trade", so a private blogger is unlikely to infringe while a business selling goods under your name may well do so. There are three main tests:

• Identical sign, identical goods or services. Section 10(1) infringement needs no proof of confusion. Counterfeits usually fall here.
• Identical or similar sign, identical or similar goods or services. Under section 10(2) you must show a likelihood of confusion, which includes a likelihood of association with your mark.
• Marks with a reputation. Section 10(3) protects a mark with a UK reputation even on dissimilar goods, where use without due cause takes unfair advantage of, or is detrimental to, its distinctive character or repute.

Section 10(4) lists what counts as use: putting the sign on goods or packaging, offering or stocking goods under it, importing or exporting, using it in business papers and advertising, and using it as a trade or company name. That last point catches a near-identical company name registered at Companies House.

Descriptive words give narrow protection, and marks are compared as a whole through the eyes of the average consumer. Our report on the General Court's Chiquita ruling shows a registration falling for lack of distinctive character, and the Swatch v Samsung watch-face decision shows how far liability can reach when a platform hosts infringing apps.

No registration? Passing off for unregistered marks in the UK

Without a UK registration, the main remedy is passing off, a common law claim that protects the goodwill in your business rather than the mark itself. It is the usual answer to "how do I stop someone else from using my business name?" when nothing is registered.

You must prove goodwill attached to the name or get-up among relevant customers, a misrepresentation by the other side likely to make customers think its goods or services are yours or connected with you, and resulting damage. The HMCTS guide lists the evidence a passing off claimant should bring: images of the mark, the goods or services, the date use began, where and for how long it has been known, how the other side's use causes confusion, examples of actual confusion, and the quantified harm. Because goodwill must be proved afresh each time, passing off costs more to win than a registered mark claim: the practical argument for filing now.

Gather evidence before you contact anyone

Preserve evidence before the other side knows you are looking, because websites and listings change quickly once a letter lands.

• Captures. Full-page screenshots of websites, listings, posts and adverts, showing URL, date and time.
• Test purchases. Keep the product, packaging, receipt and delivery details.
• Identity. Company name and number, directors and registered office; our note on Companies House identity verification explains what the register now confirms.
• Actual confusion. Misdirected emails, orders, reviews or complaints from customers who thought they were dealing with you.
• Your own use and losses. First-use date, sales, advertising spend, press coverage and lost sales.

Keep originals unaltered and record who captured what and when.

Cease and desist letters and the UK unjustified threats rules

A cease and desist letter is usually the right first step, but in the UK it must be drafted around the threats rules. GOV.UK's guide to defending your intellectual property says you can ask someone to stop, but you can be sued for making unjustified threats. The rules, inserted into the Trade Marks Act 1994 by the 2017 Act, work like this:

• Safe targets. A threat is not actionable if it concerns applying the sign to goods or packaging, importing goods for disposal, or supplying services under the sign: in plain terms, the manufacturer, importer or service provider.
• Risky targets. Threats to retailers and stockists can be actionable by anyone aggrieved, including the manufacturer who loses the business.
• Permitted communications. You may give notice that the mark exists, or ask who is infringing, if the information is necessary and you reasonably believe it is true. Asking someone to stop, deliver up goods or give an undertaking is not a permitted purpose.
• Remedies and defences. The recipient can seek a declaration, an injunction and damages; showing that the acts do infringe is a defence.
• Advisers. A regulated lawyer or trade mark attorney acting on instructions, who names the client, cannot be sued personally; the client remains exposed.

A good letter identifies your registration, describes the use precisely, sets out what you want (stop, undertakings, delivery up, an account of sales, costs) and gives a realistic deadline. GOV.UK also points to a licence or coexistence agreement where the other side has a genuine business you can live with; our licensing specialists handle those terms.

Oppose or invalidate the other side's trade mark at the UKIPO or EUIPO

If the copier has applied to register the mark, opposing it is often the cheapest effective step. The IPO's guidance on objecting to other people's trade marks gives two months from publication in the trade marks journal, extendable by one month with a free TM7A notice of threatened opposition filed inside the first two.

The IPO's forms and fees, revised in April 2026, put a TM7 opposition at £125 where it rests only on section 5(1) or 5(2) grounds (an earlier identical or similar mark) and £250 otherwise; a fast track TM7F costs £125. Against a registered mark, invalidation (TM26(I)) and revocation (TM26(N) for non-use, TM26(O) for other grounds) cost £250 each. Write to the applicant first: the IPO normally awards no costs to an opponent who gave no chance to withdraw and whose opposition goes undefended. Parties can agree a nine-month cooling-off period, extendable to eighteen months, and the IPO offers mediation.

For EU trade marks, the EU Trade Mark Regulation allows opposition within three months of publication for a fee of EUR 320, and revocation or invalidity costs EUR 630. A mark not put to genuine use in the EU for a continuous five years can be revoked, often the best answer to a copycat registration that has never been used.

Online marketplaces, domain names and the border

When the copying is online, the quickest relief usually comes from the platform or the registry. Most marketplaces and social networks run an intellectual property report form, and many offer brand protection programmes to owners of registered marks, which speed up repeat takedowns. In the EU, the Digital Services Act adds regulatory pressure: see our report on the EUR 550m AliExpress fine over counterfeit and unsafe goods.

.uk domains: the Nominet DRS, now run by WIPO

Nominet's Dispute Resolution Service has been administered by WIPO since 7 July 2026. You must prove rights in a name or mark identical or similar to the domain, and an abusive registration. The respondent has 15 working days to reply, then free mediation follows. A full expert decision costs £750, or £200 for a summary decision where there was no response, and an appeal £3,000; VAT does not apply to cases raised from 7 July 2026. A fully reasoned case takes about eight to 12 weeks, and the expert can order transfer, suspension or cancellation.

.com and other generic domains: the UDRP

Under the UDRP you must show the domain is identical or confusingly similar to your mark, the registrant has no rights or legitimate interests in it, and it was registered and is being used in bad faith. WIPO charges USD 1,500 for one to five domains before a single panelist, and a straightforward case should finish within two months. Transfer or cancellation can be ordered, and either side may still go to court.

Counterfeits at the border: HMRC Applications for Action

An Application for Action asks Border Force to detain suspect imports. It is free, should be made at least 30 working days before monitoring starts, and lasts one year. After a detention you have 10 working days to confirm infringement (three for perishables), plus up to 10 more to start proceedings. You bear storage and destruction costs, may owe compensation if the goods prove genuine, and cannot protect EU trade marks through a UK application.

Going to court: IPEC small claims, the multi-track and the High Court

If letters and administrative routes fail, the court in England and Wales depends on value and complexity. GOV.UK's guide to taking legal action over IP sets out three tiers, and expects you to have tried to settle, possibly through mediation, first:

• IPEC small claims track: trade mark and passing off claims worth £10,000 or less, without a lawyer if you wish.
• IPEC multi-track: damages capped at £500,000 and recoverable costs at £60,000.
• High Court: larger claims, with no cap on damages or costs. Scotland uses the Court of Session; Northern Ireland its High Court.

The small claims track is cheap but limited. Under the HMCTS guide, the winner recovers only fixed issue costs, court fees, loss of earnings up to £95 a day per person, up to £260 for legal advice where an injunction is claimed and up to £750 per approved expert. Interim injunctions, freezing orders and search orders are not available there, so urgent cases start on the multi-track.

Remedies a court can order

A court can award damages or an account of the infringer's profits, order delivery up or destruction of infringing goods, grant a final injunction and make a declaration. GOV.UK also notes that using registered trade marks without permission can be a criminal offence, reportable to Trading Standards through Citizens Advice. For litigation support, see dispute resolution lawyers in the UK.

Cross-border copying: EU trade marks, Madrid and country-by-country enforcement

There is no worldwide trade mark court, so cross-border copying is fought where the rights and the infringer are. An EU trade mark has a unitary character under the EU Trade Mark Regulation: it has equal effect throughout the Union, and an EU trade mark court in the defendant's home member state can rule on infringements in any member state. That allows one action against an EU-based infringer, but it does not reach the UK.

A Madrid registration, by contrast, is enforced nationally under each country's own law. Where you hold no registration in a first-to-file country such as China, you may have nothing to enforce at all, a risk our international registration guide covers. A UK judgment may also need enforcing abroad: see how to enforce a foreign judgment. Local counsel is usually essential; our directory lists IP lawyers in Germany and IP specialists in China.

Costs and timelines: what the official figures say

Official fees are modest; the real cost is professional time and, in court, the risk of paying the other side's costs. These are the confirmed official figures as at 4 November 2026.

Route	Official fee or cost limit	Typical timescale
UKIPO opposition (TM7)	£125 (section 5(1) or 5(2) only) or £250; TM7A free	About 20 months to a paper decision, 37 after a hearing
UKIPO fast track opposition (TM7F)	£125; costs awards capped at £600	Not published
UKIPO invalidation or revocation	£250	As for oppositions
EUIPO opposition	EUR 320	File within 3 months of publication
EUIPO revocation or invalidity	EUR 630	Not fixed
Nominet DRS (.uk)	Mediation free; £200 or £750 decision; £3,000 appeal	About 8 to 12 weeks
UDRP (1 to 5 domains, one panelist)	USD 1,500	About 2 months
HMRC Application for Action	Free; you pay storage and destruction	Normally decided within 30 working days
IPEC small claims track	Claims to £10,000; limited cost recovery	Depends on listing
IPEC multi-track	Damages to £500,000; costs to £60,000	Depends on case management

The UKIPO timescales come from its tribunal figures, updated on 30 July 2026, and exclude cooling-off periods, stays and extensions. IPO costs awards are contributory, on a published scale, so even a winner rarely recovers everything.

When to instruct an IP lawyer

If someone is using my trademark in a single marketplace listing, can I act alone? Often, yes. Bring in an IP solicitor or chartered trade mark attorney early when:

• you need to write to anyone other than the manufacturer or importer;
• the other side has its own registration, a prior-use argument or a counterclaim against your mark;
• you need the use stopped urgently through an interim injunction;
• the infringer is abroad or active in several countries;
• losses or the infringer's profits could exceed £10,000.

Our directory lists intellectual property advisers worldwide, including IP lawyers in the United Kingdom, and all UK advisers. If you would like an introduction, use the form below and we will put you in touch with a member. For related analysis, follow our Intellectual Property coverage, including the Getty Images v Stability AI judgment on watermarks and trade marks.

Frequently asked questions

What can I do if someone uses my trademark?

Check that your registration covers the goods or services involved, gather dated evidence, then send a carefully drafted letter to the manufacturer, importer or service provider. If that fails, oppose or invalidate their mark at the IPO, use platform or domain complaint procedures, or sue in the IPEC or High Court.

How do I stop someone else from using my business name?

If the name is a registered trade mark, rely on infringement under section 10 of the Trade Marks Act 1994, which covers use as a company name. If it is not registered, you need a passing off claim, proving goodwill, a misrepresentation causing confusion, and damage.

Can I send a cease and desist letter myself?

Yes, with care. Under the unjustified threats rules, threats to retailers or other secondary actors can be sued on. Threats to the manufacturer, importer or service provider are generally safe, and a regulated adviser acting on your instructions is protected personally, though you are not.

Can you lose your trademark if you don't protect it?

A registration can be revoked if it is not put to genuine use for five years, and owners of older marks must show use when they sue. Tolerating copiers also weakens your evidence of distinctiveness and goodwill, so act promptly once you discover infringement.

How much does it cost to oppose a trade mark in the UK?

Under the IPO fees revised in April 2026, a TM7 opposition costs £125 if based only on an earlier identical or similar mark and £250 otherwise. The TM7A, which extends the window by one month, is free. Professional fees are extra.

Do I need a lawyer for the IPEC small claims track?

No. The track is designed for parties without lawyers, for trade mark and passing off claims worth up to £10,000. Legal costs recovery is very limited, and interim injunctions are not available there, so urgent cases usually belong on the multi-track.

How do I get a copycat .uk domain transferred?

Complain under Nominet's Dispute Resolution Service, which WIPO has administered since 7 July 2026. You must prove rights in a similar name and an abusive registration. Mediation is free; a full expert decision costs £750 and can order transfer.

Does my UK trade mark protect me in the EU?

No. A UK registration covers only the UK. In the EU you need an EU trade mark, national registrations or a Madrid designation. An EU trade mark is unitary and can be enforced across all member states through EU trade mark courts.

Sources

1. Trade Marks Act 1994, section 10: legislation.gov.uk
2. Intellectual Property (Unjustified Threats) Act 2017, trade marks provisions: legislation.gov.uk
3. GOV.UK, Defend your intellectual property: gov.uk
4. HMCTS, Guide to the IPEC Small Claims Track (updated 12 August 2025): gov.uk
5. IPO, Objecting to other people's trade marks and the legal costs (updated 30 July 2026): gov.uk
6. IPO, Trade mark forms and fees (updated 23 July 2026): gov.uk
7. Regulation (EU) 2017/1001 on the European Union trade mark: eur-lex.europa.eu
8. WIPO, Guide to the Uniform Domain Name Dispute Resolution Policy: wipo.int
9. Nominet, Domain Disputes and the Dispute Resolution Service: nominet.uk
10. HMRC, Apply to protect your intellectual property rights (updated 22 July 2025): gov.uk

About this article

Researched and written by The Corporate INTL Newsroom and checked against UK and EU trade mark legislation and official GOV.UK, HMCTS, IPO, HMRC, WIPO and Nominet guidance. It focuses on England and Wales; Scotland and Northern Ireland have their own courts. This article is general information, not legal advice; for a specific dispute, consult a qualified adviser. Last reviewed 4 November 2026. For more analysis like this, visit the Corporate INTL newsroom or subscribe to our newsletter.