Trademark Infringement UK: How to Spot It and What to Do

What counts as trademark infringement?

Trademark infringement occurs when someone uses a sign that is identical or confusingly similar to your registered trademark, in connection with goods or services that are the same as or similar to those covered by your registration. In the UK, this is governed by the Trade Marks Act 1994.

The law recognises three main types of infringement:

Identical mark, identical goods or services (Section 10(1)). This is the most straightforward type. Someone is using the exact same name or logo as your registered trademark for the exact same type of product or service. For example, if you have a registered trademark for "BluePrint Consulting" for management consultancy, and another firm starts offering management consultancy under the same name, that is a clear Section 10(1) case.

Identical or similar mark, similar goods or services (Section 10(2)). This covers situations where the mark or the goods are similar but not identical, and there is a likelihood of confusion among the public. This is the most common type of infringement claim. It covers scenarios like a competitor using "BluePrint Advisory" for business consulting, or "Blueprint Consulting" with a different capitalisation.

Identical or similar mark with a reputation (Section 10(3)). If your trademark has a reputation in the UK, you can challenge use of a similar mark even on dissimilar goods, if that use takes unfair advantage of, or is detrimental to, the distinctive character or reputation of your mark. This protection is mainly relevant for well-known brands.

How to spot trademark infringement

Many business owners discover infringement by accident. A customer mentions a "similar company," or a Google search turns up an unfamiliar listing. But relying on chance discovery means you could be losing customers for months before you notice.

Here are the key places to check regularly:

Companies House

New company registrations happen daily. Someone could register a limited company with a name very similar to your trademark. Companies House does not cross-reference the trademark register before accepting registrations, so there is no automatic safeguard.

Domain registrations

Domain registrars do not check for trademark conflicts. Anyone can register a domain incorporating your trademarked name. Check WHOIS records for .co.uk and .com variants of your brand name, plus common misspellings and hyphenated versions.

Online marketplaces

Amazon, eBay, and Etsy are common places where infringers list products using trademarked names. If you sell physical products, search these platforms regularly for listings that use your mark.

Social media platforms

Fake accounts using your brand name can appear on any platform. Search Facebook, Instagram, X, LinkedIn, and TikTok for accounts using your business name or logo.

Google search results

Run a search for your brand name at least monthly. Look for unfamiliar businesses appearing in the results, particularly those bidding on your brand name in Google Ads.

Our free brand scan at GuardMyBusiness checks 12 databases simultaneously, covering Companies House, trademark registers, domain records, SSL certificate logs, web archives, and search results. It gives you a comprehensive picture in seconds.

What to do when you find infringement

Once you have identified potential infringement, follow this process:

1. Document everything

Before taking any action, capture evidence. Take screenshots of the infringing use with timestamps. Save web pages using the Wayback Machine. Download social media posts. Print Google search results showing the infringer's listing. This evidence will be essential regardless of which enforcement route you choose.

2. Assess the severity

Not every use of a similar name requires immediate legal action. Consider whether the infringer is in the same industry and geographic area, whether customers are actually being confused, whether the infringer appears to be acting deliberately, and how established their use of the name is.

3. Send a cease and desist letter

For most cases, a formal cease and desist letter is the appropriate first step. This puts the infringer on notice that you are aware of their activity and have legal rights. Include your trademark registration number, specific details of the infringing use, a deadline for compliance (typically 14 to 21 days), and a clear statement of what you want them to do (stop using the name, transfer domains, etc.).

Many infringers will comply at this stage, particularly if they were unaware of your trademark. A well-drafted letter backed by a valid registration resolves the majority of disputes without further action.

4. Report to platforms

If the infringement involves online marketplaces or social media, report it through the platform's intellectual property reporting system. Amazon Brand Registry, eBay VeRO, and Meta's IP reporting forms all process trademark complaints, typically within a few days. Having a registered trademark significantly speeds up this process.

5. File a formal complaint

If the cease and desist letter does not work, you have several formal options:

• •IPO trademark opposition. If the infringer has applied for their own trademark, oppose it during the two-month publication window.
• •Company Names Tribunal. If the issue is a Companies House registration, apply for a name change order (150 pounds).
• •Nominet DRS or WIPO UDRP. If the dispute involves a domain name, use the relevant dispute resolution service.

6. Consider court proceedings

As a last resort, you can bring a claim for trademark infringement in the courts. The Intellectual Property Enterprise Court (IPEC) is designed for smaller businesses and has a costs cap of 50,000 pounds. The High Court handles larger or more complex cases.

Available remedies include an injunction (a court order forcing them to stop), damages or an account of profits, delivery up or destruction of infringing goods, and an order for costs.

Common mistakes to avoid

Waiting too long to act. The longer you allow infringement to continue, the harder it becomes to enforce your rights. Courts may consider prolonged inaction as acquiescence.

Making empty threats. Only threaten legal action if you are genuinely prepared to follow through. An unenforced threat weakens your position and emboldens the infringer.

Ignoring "small" infringers. Even a small business using your name can cause confusion and dilute your brand over time. Address all infringement, not just the most obvious cases.

Not having a trademark in the first place. Without a registered trademark, your enforcement options are limited to passing off claims, which are slower, harder, and more expensive to pursue. If you have not already registered, do so now.

Protect your brand proactively

The best approach to trademark infringement is prevention through early detection. Regular monitoring lets you catch infringement when it first appears, when a quick cease and desist letter is most likely to resolve the issue.

Run a free brand scan at GuardMyBusiness to see who is currently using your brand name. If you find potential threats, our Full Investigation report provides the detail you need to take effective action.