Someone Copied My Logo In NZ: What Should I Do?

Mia runs a small skincare brand in Wellington. One Friday afternoon, a customer sends her a screenshot of another online store using a logo that looks almost identical to hers. Same leaf icon, similar colours, and a name that feels uncomfortably close.

If this has happened to you, it's frustrating. Your logo is part of the trust you've built with customers, and a copycat can make your brand look less distinctive or even confuse people into buying from someone else.

The good news is that you don't need to panic or fire off an angry message straight away. A few careful steps can help you work out what you own, what rights you can rely on, and how to respond in a way that protects your business.

What Should I Do First If Someone Copied My Logo?

Start by collecting evidence, checking ownership, and working out whether the other business is actually using the logo in trade. Those first steps will shape your options.

Before you contact the copycat, save anything that shows what they're doing and when you found it. Online content can disappear quickly once someone realises you've noticed it.

Your First Evidence Checklist

• Screenshots: Capture the copied logo on their website, social media, ads, product packaging, marketplace listing or email signature.
• Dates and times: Save when you saw each use. If possible, include the device date or page timestamp in the screenshot.
• URLs and account names: Copy the website address, social handle, marketplace seller name and any business name shown.
• Products or services: Note what they're selling and whether it overlaps with your business.
• Customer confusion: Keep any messages from customers asking whether you're connected.
• Your own use: Gather your earliest logo files, design invoices, launch posts, packaging proofs, website records and sales records.

Next, avoid sending an emotional direct message like, You stole my logo, take it down today. If your claim is weak or you say too much, it can make the situation harder to resolve.

A practical first question is whether the copied design is close enough to matter. A logo using the same common icon, like a coffee cup for a cafe, won't always be enough. But if the overall look, colours, layout and business name or trading name are likely to confuse customers, your position may be much stronger.

Do I Own Copyright In My Logo In New Zealand?

You may own copyright in your logo, but it depends on who created it, what type of work it is, and what your contract says. This is often the missing piece when a business finds a copycat.

Under the Copyright Act 1994, a logo can be protected as an artistic work if it's original. Copyright protection arises automatically in New Zealand. You don't need to register copyright for it to exist.

That said, copyright ownership isn't always as simple as finding the person who designed the logo. The general position is:

• You created the logo yourself: Your business may own it, depending on whether you created it personally or through your company.
• Your employee created it as part of their job: The employer will usually own copyright unless there's an agreement saying otherwise.
• A contractor or agency created it: The default position depends on the work and the contract. For certain commissioned and paid for works under the Copyright Act 1994, including drawings and other listed work types, the person or business commissioning the work may be the first copyright owner unless the agreement says otherwise. A commissioned logo will often involve a drawing or graphic work, so this rule can be important.
• You used a template or stock graphic: Your copyright licence terms may limit what you can claim or stop you owning the underlying artwork.

Even where the commissioned work rule helps you, written IP terms are still best practice. A designer's terms might alter the default position, reserve rights in pre existing artwork, or limit what you can do with templates, stock elements, unused concepts and future variations. If an agency arranged the work through subcontractors, you may also need to check that rights were properly dealt with along the chain.

For example, Mia paid a freelance designer $900 to create her skincare logo. The invoice said design services, but there was no detailed IP clause. Mia should check whether the logo falls within the commissioned work rule, whether the designer was paid or agreed to be paid for that work, and whether the designer's terms change ownership or reserve rights in pre existing elements. A clear IP assignment or IP ownership clause would make this much easier if Mia wants to accuse someone else of copyright infringement.

If you're not sure, check your design contract, copyright assignment, invoice terms and email trail. Clear written IP terms can be very useful before sending any formal letter.

Is Copying My Logo Trade Mark Infringement In New Zealand?

It can be trade mark infringement if you have a registered trade mark and the other business is using the same or a similar sign for the same or similar goods or services. Without registration, you may still have options, but they can be harder to prove.

New Zealand trade marks are governed by the Trade Marks Act 2002 and registered through IPONZ. A registered trade mark gives you clearer rights to stop others using confusingly similar branding in connection with the goods or services covered by your registration.

When assessing a possible trade mark issue, look at:

• Similarity of the logos: Are the words, shape, colours, layout or overall impression close?
• Similarity of the businesses: Are you both selling the same or related goods or services?
• Customer confusion: Would an ordinary customer think the businesses are connected?
• Priority: Who used the brand first, and who registered first?
• Classes: Does your registration cover the right goods or services?

If you don't have a registered trade mark, all isn't lost. You may be able to rely on passing off or the Fair Trading Act 1986, which deals with misleading or deceptive conduct in trade. These claims usually need evidence that your brand has reputation in the market and that customers are likely to be misled.

That evidence can include sales figures, advertising spend, customer messages, press coverage, social media following and the length of time you've used the logo.

Should I Register My Logo As A Trade Mark?

Yes, if your logo is central to your brand, trade mark registration is usually one of the strongest steps you can take. It gives you a clearer enforcement position than relying only on copyright or reputation.

Before filing, search IPONZ for existing trade marks that are identical or similar. Don't just search the exact logo. Search:

• your business name and any key brand words
• similar spellings and sounds
• competitor names in your industry
• logos with similar visual elements
• the goods and services classes you plan to use

New Zealand uses the international trade mark classification system, with 45 classes of goods and services. Choosing the right classes matters because your registration won't automatically cover everything your business might do later.

A word mark can sometimes be more flexible than a logo mark because it protects the brand name itself, even if your logo design changes. Many businesses register both the word mark and the logo if the budget allows.

A Worked Example

Say Mia's skincare brand sells moisturisers and face oils online. She may consider filing in class 3 for cosmetics and skincare products, and possibly class 35 if she wants protection for retailing services.

As at 2026, IPONZ's standard online trade mark application fee is $100 plus GST per class. If Mia files in two classes, the IPONZ application fees would be $200 plus GST, before any adviser fees. If the mark is registered, it can be renewed every 10 years.

Registration won't fix every past problem, but it can put you in a much better position for future monitoring and protection.

How Do I Send A Cease And Desist Letter In New Zealand?

You can send a cease and desist letter if you have a reasonable basis for your claim and you want the other business to stop using the copied logo. The letter should be firm, accurate and carefully worded.

A good letter does more than complain. It explains your rights, identifies the conduct, and asks for practical steps to fix the issue. If the matter is already heated, the other side has a lawyer, there's already a dispute, or court action is likely, you should speak with a New Zealand disputes lawyer. If litigation is likely, privilege can matter, and communications with non lawyer advisers may not be protected by legal professional privilege.

Don't overstate your rights. For example, don't say you own a registered trade mark if you only have an application. Don't threaten court action unless you're prepared to take that path.

Cease And Desist Letter Outline

1. Your details: Identify your business, NZBN if relevant, and the brand you use.
2. Your rights: Describe your copyright, trade mark registration or trade mark application, and your history of use.
3. The copied conduct: List the logo, page, product, account or ad that concerns you.
4. Why it's a problem: Explain the risk of confusion, infringement, misleading conduct or brand damage.
5. What you want: Ask them to stop using the logo, remove listings, update social profiles, and confirm they won't use similar branding again.
6. Evidence preservation: Ask them not to delete relevant records if the issue may continue.
7. Response date: Give a clear and reasonable deadline, often 7 to 14 days depending on urgency.
8. Next steps: Say you reserve your rights if they don't respond or if the conduct continues.

This outline isn't a finished legal document. A disputes lawyer should tailor it before you use it, especially if there are trade mark issues, overseas platforms, or a real chance the other business will push back.

How Can I Stop Copycats Coming Back?

You can reduce copycat risk by registering key brand assets, monitoring the market, and making sure your contracts clearly say your business owns its IP. None of this needs to be complicated, but it works best when you build it into your usual business habits.

Think of brand protection as an ongoing system, not a one off reaction. Useful steps include:

• Register your main brand names: File trade marks for the names customers actually recognise.
• Consider logo registrations: Register the logo if its visual design is an important part of your brand identity.
• Keep proof of use: Save dated packaging, website captures, campaign files, sales records and launch materials.
• Use clear design contracts: Make sure your contractor agreements clearly cover copyright ownership, IP assignments, pre existing materials and future edits.
• Monitor IPONZ filings: Watch for similar trade mark applications in your industry.
• Check online channels: Search social media, marketplaces, domain names and image search results regularly.
• Use brand guidelines: Keep your colours, fonts, logo spacing and approved uses consistent, so copying is easier to spot.

If you work with distributors, agencies, manufacturers or franchisees, your contracts and terms of trade should also control how they can use your branding. Templates often miss these details, especially around sublicensing, social media use and what happens when the relationship ends.

Finally, don't wait until your brand is well known before protecting it. The earlier you put the basics in place, the easier it is to act when a copycat appears.

Key Takeaways

• If someone copied your logo, save evidence before contacting them.
• Copyright may protect your logo automatically, but ownership depends on who created it, what type of work it is, and what your contracts say.
• For some commissioned and paid for logo work in New Zealand, your business may be the first copyright owner, but clear written IP terms are still best practice.
• A registered trade mark gives you clearer rights under the Trade Marks Act 2002 and can make protection much easier.
• If you don't have a trade mark, you may still have options under passing off or the Fair Trading Act 1986, but you'll need evidence of reputation and confusion.
• Trade mark searches, registrations, IP ownership clauses and monitoring can help protect your brand long term.

If you'd like help with trade mark searches and applications, checking logo ownership, IP assignments, contractor design agreements and IP clauses, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.