The authorization request in trademark law

An authorization request is an important instrument in industrial property protection, which aims to clarify possible infringements of property rights such as trademarks, patents or copyrights at an early stage. Unlike a warning letter, the focus here is not immediately on enforcing claims. Instead, the aim is to find out whether the use of a certain right, such as a trademark, is actually justified.

One Unjustified warning can be expensive for the person issuing the warning letter; therefore, requests for authorization are often sent first in order to avoid the cost consequences of an incorrect warning letter.

But what is the right way to respond to such a request? And what are the main differences to a warning letter? In this article, we take a closer look at the authorization request and its significance in trademark law.

What is an authorization request?

An authorization request is often made when there is a suspicion that a person or company is infringing a property right - for example by using a trademark that may not be used legally. The enquirer wants to know whether the user is actually entitled to use the right in question. Unlike a warning letter, which is aimed at taking legal action, the authorization request primarily serves to clarify whether a trademark right has been infringed before further steps are taken.

Example from practice:

Imagine you run a company that uses a certain logo. A competitor suspects that you are infringing his registered trademark. However, before he takes legal action such as a warning letter, he could send you an authorization request. They would like to clarify whether you have acquired a license or hold older rights to the logo, for example.

Objectives of an authorization request

The main aim of an authorization request is to avoid a legal dispute. The inquirer first wants to make sure whether a property right is actually being infringed before taking legal action. If it turns out that there is no trademark infringement, a warning letter or lawsuit is often not issued. The authorization request offers both parties the opportunity to clarify the facts without escalating a legal dispute.

Difference between an authorization request and a warning letter

In contrast to a warning letter, which often includes demands such as a cease-and-desist declaration or damages, the authorization request is merely a clarification of the legal situation. The enquirer does not immediately demand legal consequences, but first wants to know whether the user of a sign is actually entitled to do so. However, there are also hybrid forms in which the trademark owner requests the submission of a cease-and-desist declaration with penalty clause in the event of unauthorized use.

With a warning letter, the tone is often more aggressive and the recipient is faced with the choice of either taking immediate legal action or complying with the demands. The request for authorization, on the other hand, is more of an informal request aimed at defusing the situation and finding a peaceful solution.

How should you respond to an authorization request?

The response to an authorization request should be carefully considered. It is important not to act hastily in order to avoid disadvantages later on. Here are some steps you should consider:

1. Obtain legal adviceBefore you respond to a request for authorization, you should consult a specialist lawyer. They can check the legal situation and help you formulate a well-founded response.
2. Check your own property rights situationMake sure that your trademark or sign is properly registered. Document your rights and prepare for a detailed response.
3. Do not make any hasty concessionsDo not be too quick to disclose information that could later be used against you. A diplomatic and well-thought-out response is crucial.

Summarized

The authorization request is a useful means of clarifying possible trademark infringements without immediate escalation. You should take such requests seriously and carefully check whether you are authorized to use the IP right in question. A well-considered response can often help to avoid unnecessary conflicts. If there are any uncertainties, it is advisable to seek legal advice in order to defend your position in the best possible way.

Frequently asked questions (FAQs)

What is the difference between an authorization request and a warning?
A request for authorization aims to clarify the use of a property right, whereas a warning letter already contains specific claims such as cease-and-desist declarations or compensation for damages.

How should you respond to an authorization request?
It is important to have the request checked by a lawyer and not to make any hasty concessions. Document your rights and formulate a well thought-out response.

Can an authorization request lead to a warning?
Yes, if it turns out that you are actually infringing the property right, the requesting party can then issue a warning.