One day, you open Instagram and notice an ad featuring your logo. Someone is selling products under your brand name on the marketplace, and the customer sends you a link to a website that almost completely copies your brand identity. This is how many companies first discover their brand is being used without permission.

The first reaction is indignation, anger, or panic. But it’s precisely at this moment that it’s most important to act not emotionally, but quickly and consistently. The first steps often determine whether you can effectively protect your rights and stop the violation.

Copying logos, brand names, and corporate identity is a common problem faced by Ukrainian businesses. However, the law provides brand owners with effective defense mechanisms, ranging from filing a complaint letter and blocking content on online platforms to filing a lawsuit. Success depends largely on how quickly you respond and the evidence you gather.

In this article, we’ll look at how to tell if your logo or brand is being used illegally, what to do in the first few hours after discovering a violation, and what protection options are available depending on whether you have a registered trademark (hereinafter referred to as TM).

How to recognize that a logo has been copied?
Before taking action, it’s important to clearly identify the nature of the violation—this will influence both the defense strategy and the evidence to be collected. However, certain signs clearly indicate violations:

1. Pictographic coincidence
This is a situation where another company uses a mark that is visually identical to your logo: the same symbol, similar composition of elements, color scheme, and font. This is the most obvious violation, as the average consumer is unlikely to be able to distinguish one mark from the other even upon close inspection.
2. Market mixing
Logos may not be pixel-perfect, but they can create a confusing effect in the consumer’s mind—meaning they might believe a product or service originates from your company, even though they don’t. This is assessed based on a combination of factors: similarity of shape, color, font, and related industries (for example, two cafes with similar logos in the same city).

  3. Purposeful imitation
In this case, we’re not talking about a coincidence, but rather deliberate copying with the intent to exploit your brand recognition and reputation. Signs of this may include copying not only your logo, but also your corporate identity, slogans, the company name with minor changes (for example, the replacement of a single letter), or the appearance of an infringer after your brand has entered a specific market.

4. Domain or social media piracy
Another common form of trademark infringement is registering a domain name or creating social media pages (Instagram, Facebook, TikTok) using your logo, brand name, or variations thereof. This is often done with the intent of reselling the domain to the brand owner, misleading consumers, or committing outright fraud in your company’s name.
First steps after detecting a violation
1. Recording of evidence

This is the most crucial step, as the success of all subsequent actions depends on it. Evidence must be collected correctly and promptly, before the infringer has time to remove the materials.
What should be done:
– Take screenshots of the website, social media, and marketplaces where the copied logo is used, showing the date and URL.
– save samples of products, packaging, and advertising materials that contain the disputed logo (photos, receipts, invoices).
– record the date the violation was discovered and the date when you first started using your logo (publications, contracts with a designer, domain registration, first advertising campaigns).
– Collect reviews or testimonials from customers who have confused brands, if any.

Keep all evidence in multiple locations. It’s common for the offender to delete materials after a dispute has begun.
2. Letter of complaint to the offender

Before going to court, it is advisable to send an official complaint to the offender.This is not only a polite step, but also a practical one.This gives the violator the opportunity to stop the violation voluntarily (which is faster and cheaper for both); is legally necessary in many cases before going to court; and records the fact that the violator has been notified.

The complaint usually states:
– the fact and basis of the right to the logo (TM registration, authorship, date of first use);
– description of the violation with reference to evidence;
– a specific requirement to stop using, remove content, and pay compensation;
– the period for voluntary compliance with the requirements (usually 7–14 days);
– a warning about appealing to the court or other authorities in case of refusal.

Even if the offender ignores the letter, the fact that it was sent will serve as additional evidence of your good faith in the subsequent legal proceedings.
Send by registered mail with notification or by courier with delivery confirmation. A postmark with the date is your proof.

Legal instruments of protection

The range of tools available varies significantly depending on whether your trademark is registered.

If the TM is registered

Legal action to protect trademark rightsThe owner of a trademark certificate has the exclusive right to prohibit others from using identical or similar designations for similar goods and services. A claim can be filed to prohibit use, withdraw counterfeit products from circulation, and seek compensation or damages.

Complaint to the Antimonopoly Committee of Ukraine (AMCU).If the offender’s actions qualify as unfair competition (for example, the unlawful use of a misleading designation regarding the origin of a product), a complaint can be filed with the Antimonopoly Committee of Ukraine (AMCU). The Committee may impose a fine and require the offender to cease the violation.

Complaint at customs.A trademark owner can register their trademark in the customs register of intellectual property rights. This allows customs authorities to independently stop the movement of goods bearing counterfeit logos across the border, even without a separate request for a specific batch.

DMCA and platform complaints.For violations in the online environment (websites, marketplaces, social networks), it is effective to contact the platform directly—Meta (Facebook, Instagram), Google, TikTok, Amazon, etc.—using their internal intellectual property protection mechanisms.

If the TM is not registered

The lack of registration makes protection more difficult, but does not make it impossible.

Logo copyright.A logo, as a graphic work, is protected by copyright from the moment of creation, without registration. The main thing is to prove your authorship: an agreement with the designer regarding the transfer of property rights, source files with a version history, the date of publication in the portfolio, etc.

Unfair competition.Even without a registered trademark, one can appeal to the Antimonopoly Committee of Ukraine or the court on the grounds of unfair competition if the offender’s actions mislead consumers about the origin of the goods.

Domain disputes over UDRP.If the infringement concerns a domain (especially in the international domain names .com, .net, and others), a UDRP (Uniform Domain-Name Dispute-Resolution Policy) procedure can be initiated through accredited centers, such as WIPO. This allows for the transfer or cancellation of the domain without going to court.

How to file a complaint and to which authorities

Depending on the nature of the violation, you should contact different authorities:

– Court— for claims to prohibit the use of TM, to recover compensation, and to protect copyright.

– AMCU– If there are signs of unfair competition, it’s possible to obtain a cease-and-desist order without litigation.

– Appeals Chamber of UKRNOIVAIf an infringer attempts to register a similar trademark, an objection to the registration can be filed through the Appeals Chamber of the Ukrainian Institute of Industrial Property (UKRNOIVI) at the application review stage.

– Online platformsFacebook, Instagram, Google, and marketplaces have separate forms for complaints of intellectual property infringement; typically, proof of brand ownership is required.

– cyber police— if the violation is accompanied by fraud, phishing, the creation of fake pages to mislead customers or theft of funds.

Prevention: How to Protect Your Brand in Advance

The best defense is prevention. Here are a few practical steps:

1. Register your trademark as early as possible, even before you actively enter the market.This provides the most powerful legal protection and exclusive right to designation.

2. Sign a contract with the designer that transfers copyright.Without a written agreement, the rights to the logo may legally remain with the author, not the client.

3. Monitor the market regularly– Check trademark registries, social networks, and marketplaces for similar designations.

4. Record the dates of the first logo use– publications, contracts, and advertising materials with dates will serve as evidence in the event of a dispute.

5. Register your trademark in all countries of presence,Especially if you plan to export or operate internationally, national registration in Ukraine does not protect the brand abroad.

Frequently Asked Questions

How long does it take for TM cases to be heard in court?

The time frame depends on the complexity of the case and the court’s workload, but on average, a case at first instance takes from several months to a year, and longer if an appeal is taken into account.

Is it possible to receive compensation without proving actual damage?

Thus, the legislation provides for the possibility of demanding compensation within established limits instead of proving the exact amount of damage, which significantly simplifies the process for the plaintiff.

What to do if the offender is a foreign company?

If the trademark is registered in Ukraine, you can file a lawsuit in Ukraine. If the trademark is registered in another country, you can resort to international mechanisms (UDRP for domains, complaints against global online platforms), as well as consider judicial protection in the infringer’s country of registration or through international legal assistance treaties.

Is it possible to sue for legal costs?

In most cases, the court may award legal costs, including legal aid fees, to the losing party if these costs are documented.

How can I prove that it is my logo if it is not registered?

Circumstantial evidence will be required: a contract with the designer, source files with creation dates, the first logo publications on social media or the website, invoices for design development, and witness testimony. The earlier the date, the stronger the case.