Is it still copying if they changed the colours or tweaked the design?

Possibly. Small changes don't automatically avoid infringement. What matters is how much of your artwork was taken, or for a trade mark, whether their version is deceptively similar to yours.

Do I need to put a © symbol on my logo?

No. Copyright protection in Australia is automatic and doesn't depend on a notice. Adding one can still be a useful reminder to others that you claim the rights.

Someone copied my logo. What can I do?

Updated 15 October 2026 · 3 min read · Australian law

Short answer

Start by working out which rights you hold. Copyright protects original logo artwork automatically, a registered trade mark gives you the strongest rights, and passing off or consumer law can help even without registration. Gather evidence first, then consider a platform takedown or a carefully drafted letter of demand.

First, check you own the logo

If a freelance designer or agency created your logo, they own the copyright unless your contract says otherwise. Under the Copyright Act, an assignment of copyright only has effect if it's in writing and signed by the person assigning it, usually the designer.

If an employee designed it as part of their job, the business generally owns it. If it was built from a template or stock artwork, check the licence terms, because you may not own those parts at all.

If you can't show you own the rights, fix that first. Platforms and courts will ask for proof.

Which rights you might have

Copyright. In Australia, copyright arises automatically when original artwork is created. There's no registration system. It protects the artwork itself against copying, but not your business name or a general style.

Registered trade mark. If your logo is registered with IP Australia, someone may infringe it by using a substantially identical or deceptively similar sign as a brand for the same or similar goods or services. This is usually the most straightforward right to enforce.

Passing off and the Australian Consumer Law. Even without registration, you may have a claim if you have a reputation in the logo and their use is likely to mislead customers into thinking they're dealing with you. These claims tend to need more evidence and cost more to run.

Copying isn't always unlawful. Whether you have a case depends on what was copied, how similar it is and how it's being used.

Gather evidence before you act

Before you contact the other business, record:

screenshots of their logo in use, with URLs and dates
product listings, packaging photos or social media posts
any signs of customer confusion, such as messages or reviews meant for you
your own evidence: original design files, the designer contract or assignment, and when you started using the logo

Do this first. Contacting them may give them time to change or remove material you need.

Your options

Platform complaints. Most online marketplaces and social media platforms have intellectual property complaint forms that let rights holders ask for infringing listings or posts to be removed. You'll need to show you own the right.

A letter of demand. A cease and desist letter sets out your rights, the conduct you object to, what you want them to do and a deadline. It often resolves things without court. Be careful: IP laws include unjustified threats provisions, so if you threaten legal action without a proper basis, they can claim against you. For trade marks, a letter can also prompt them to file their own application.

Court. If they won't stop, court action is possible, but it's slow and expensive, so weigh the cost against what's at stake.

Get a lawyer involved before sending a demand if the copying is costing you sales or you're unsure of your rights. A Sprintlaw lawyer can assess your position and send a letter for a fixed fee. If your logo isn't registered, consider applying for a trade mark now.

Sources

General information about Australian law, not legal advice. Your situation may change the answer. Ask Taylor about the details, or get a Sprintlaw lawyer to advise you.