Trademark infringement
A trademark grants its owner the exclusive right to use the protected sign for the goods or services claimed. Third parties are prohibited, among other things, from using a sign that could be confused with the trademark for similar or identical goods and services if this action could give rise to a likelihood of confusion. If a third party infringes a trademark right, the owner of a registered trademark is entitled to various claims in order to effectively prevent the trademark infringement.
Enforcement of trademark rights against trademark infringers
On the one hand, the trademark owner is entitled to injunctive relief. At his request, the trademark infringer must cease use of the disputed sign.
In order to effectively enforce the claim for injunctive relief, the trademark owner can demand that the infringer destroy the unlawfully marked products. In addition, he can demand that the infringer recall any infringing items that have already been delivered.
Finally, the trademark owner can demand compensation from the trademark infringer and, in order to correctly assess the extent of their claim for damages, can first demand information and accounting regarding the infringing acts committed.
In addition, trademark law offers a number of special bases for claims to effectively put a stop to counterfeiters. These include submission and inspection claims, but also seizure measures.
Trademark infringement proceedings and out-of-court dispute resolution
Trademark infringement proceedings usually begin with a warning letter pointing out a possible infringement of a trademark and requesting the infringer to cease the infringement and secure this claim by submitting a cease-and-desist declaration with penalty clause. In addition, the warning letter often contains a request to provide information about the extent of the infringement within a certain period of time so that the trademark owner can calculate their claim for damages.
If the warning letter does not lead to the desired result, the trademark rights can be enforced in court, either through preliminary injunction proceedings to take quick and effective measures or through a trademark infringement lawsuit.
Our specialized trademark and design law attorneys will accompany and represent you both in and out of court in all matters relating to trademark infringement proceedings.
Your rights as a trademark owner – and your options in the event of a warning letter
As a trademark owner, you therefore have comprehensive claims in the event of a trademark infringement: from injunctive relief and removal to damages, destruction, and recall of infringing products. In addition, you can request information about the origin and distribution channels and enforce your rights both in and out of court.
If you have received a warning letter for alleged trademark infringement, please contact us. Our attorneys will examine whether the warning letter is justified, what risks exist, and what defense strategies make sense in your specific case. Unnecessary costs or far-reaching obligations can often be avoided by seeking legal advice at an early stage.
