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What to do if someone has significantly copied my trademark?

Trademark infringements occur when someone has used/copied exactly the same trademark as someone else, or where they are using a trademark so similar that the public is likely to confuse the two as coming from the same owner, without authorisation. Someone may have used your trademark as inspiration and ended up creating something so close to it that it then constitutes trademark infringement as it erodes the essential distinctiveness of your trademark. One does not have to be aware of another trademark in order to infringe it. As long as there is actual or constructive (i.e. you should have known) notice that a trademark exists it may be infringed.

It is important to always be aware that unjustified threats regarding the infringement of a trademark are prohibited, and caution must be exercised at the outset of any dispute as a result.

Vardags are fully aware that trademark litigation is often expensive for both parties involved, and therefore we will first look at all of the alternative ways of resolving a dispute before embarking down the road of court litigation. Our expert team will advise you on the best strategy to take forward which looks to protect your interests and give you the best chance of success at the earliest possible opportunity.

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