Warning of trademark infringement
Take action against unauthorized use of your trademark now
This is how we proceed:
Have you discovered that a third party is using your registered trademark or a similar sign without your consent and thus gaining an unfair advantage? Whether double identity, likelihood of confusion or exploitation of reputation - our law firm will stop the infringement quickly and with legal certainty and enforce your claims consistently.
Recognizing and warning of trademark infringements
A trademark infringement can have many faces. You can issue a warning if a third party uses your sign Identical or similar for identical or similar goods or exploits the reputation of your well-known trademark. Not every infringement is immediately obvious - we examine each case thoroughly and show you the most effective way to prevent unauthorized use.
Example:
A client discovered that an online retailer was using his registered logo 1:1 on his online store, in advertising and on product packaging. In response to our warning, the retailer issued a cease-and-desist declaration with penalty clause, changed its online store and reimbursed the costs of the warning. We also negotiated a compensation payment.
Your contact persons:
Lawyer
Specialist lawyer for intellectual property rights
Adwokat / Lawyer
Phone: +49 30 36 41 41 90
E-Mail: kontakt@abd-partner.de
Typical trademark infringements for which you can receive a warning letter
- Dual identity (lat. identitas = "sameness") - identical sign for identical goods.
Examples:
- Counterfeit designer sneakers are sold under the original brand (brand piracy, product piracy).
- Sale of non-exhausted branded goods (original goods that were not intended for the EU).
- A software manufacturer uses a name for a certain software that is already protected for the software of another manufacturer.
- likelihood of confusion - similar sign for identical/similar goods that can mislead consumers about the origin.
Example: A competitor used an almost identical word and figurative mark for the labeling of its dietary supplements, which our client used and had protected for its nutritional supplements. We enforced injunctive relief (in the future) and removal, including the removal of all labels and a recall.
- Reputation exploitation/dilution - Exploiting the reputation of a well-known brand for dissimilar products.
Example: Key fobs or clothing with a well-known luxury car brand logo; following a warning, the manufacturer and seller had to destroy its remaining stock and pay compensation.
- Keyword advertising & domains - Use of your trademark as a search term or domain without permission.
Example: Third-party ad with protected trademark in the ad title; after a warning, the competitor deactivated all campaigns and paid the costs.
- Attachment to platform offers - Offering branded products via third-party ASINs on Amazon.
Example: A retailer offered a product on Amazon under our client's ASIN that was labeled with the client's registered trademark without being associated with the trademark owner. This was not our client's original product, but a product copy. The trademark was therefore used without authorization. We successfully obtained an injunction, information and reimbursement of costs - including the deletion of the retailer's offer on Amazon.
The brand enforcement process - step by step
- Analysis and consulting
We check the legal status, trademark infringement and available evidence, make test orders, calculate the value in dispute and the prospects of success. - Warning with a short deadline
We draw up a legally compliant letter, request an injunction, information and reimbursement of costs - often a few days' notice is enough for a solution.Example: A retailer unlawfully used a registered logo (figurative mark) in social ads; after a warning letter setting a deadline of one week, he issued the required cease-and-desist declaration with penalty clause and reimbursed € 2,700 in legal fees.
- Interim injunction
If the infringer does not respond, we immediately apply for a temporary injunction prohibiting the infringer from using the trademark - this is usually issued within a few days. Important: A temporary injunction will only be issued if the matter is urgent. Depending on the Higher Regional Court district, there are only 1-2 months from the time the infringement becomes known to file the court application.Example: Despite a warning, a store continued to sell. The court stopped the sale by means of a temporary injunction. A fine of up to €250,000 is threatened in the event of a violation.
- Proceedings on the merits
In the event of persistent resistance, we take legal action and claim injunctive relief, removal (e.g. destruction), information and compensation.Example: After a long refusal by the other party, the court ordered the client to cease and desist and to destroy the stock and also awarded the client €45,000 in damages plus costs.
Our expertise - your advantage
- Speed & precision: Warning within 48 hours, application for a temporary injunction immediately if necessary.
- Experience: Numerous successful trademark proceedings for over 15 years.
- Cost transparency: Fees based on time and effort or flat rate, reliable cost and effort estimates, transparent monthly invoicing.
- Complete service: From the preservation of evidence to enforcement.
Act now - do not accept trademark infringements!