Our law firm brands media meyen is a Warning under trademark law on behalf of the Schmidt Spiele GmbH before. This concerns the use of the protected sign "Mensch ärgere dich nicht" for the well-known board game. After our examination, the word mark is actually registered and in force.

The warned parties are requested to stop using the trademark immediately. omit and a cease-and-desist declaration with penalty clause to hand in. In addition, the costs of the warning letter from a Object value of € 150,000.00 and a 1.3 times the lawyer's fee be carried. The warning was issued by the law firm Fortmann Tegethoff pronounced.

Warning letter received - How to react?

In principle, a registered trademark may only be used by the trademark owner or an authorized third party for the protected goods and services. A warning letter under trademark law should therefore be taken seriously, but a declaration to cease and desist is not always necessary. The decisive factor is whether the sign branded or whether it is a general descriptive use.

We strongly advise against signing the attached cease-and-desist declaration without checking it. Likewise, no hasty payment should be made. It is essential that you have the warning letter checked by a specialized lawyeras high amounts in dispute are regularly set in trademark law, which can have considerable financial consequences.

10 important questions and answers about trademark warnings

1. Why was I of all people warned?
   Trademark owners monitor their registered trademarks, often with the help of specialized service providers. As soon as a possible trademark infringement is detected, this triggers a warning letter. Sometimes competitors or former business partners are also involved in reporting infringements.
2. What is a warning letter?
   A warning letter is an out-of-court request to cease and desist an infringement. It enables the person being warned to avoid an expensive legal dispute - but only if the warning is justified.
3. What is the warning letter demanding from me?
   Typically, a warning letter under trademark law includes the following claims:
   • Omission
   • Elimination of the trademark infringement
   • Information about the use
   • Compensation for damages
   • Reimbursement of legal fees
   • Destruction of goods (for product brands)
4. What does injunctive relief mean?
   The trademark owner can demand that you stop using the trademark in the future. omit. As a rule, this must be done by a Cease-and-desist declaration with contractual penalty be secured. A breach of this can High contractual penalties result.
5. Should I sign the enclosed cease-and-desist declaration?
   The accompanying declaration is formulated in the interest of the warning party and often too far-reaching. A adapted, modified cease-and-desist declaration is often the better way to protect yourself legally without restricting yourself unnecessarily.
6. What are the costs?
   The costs of a trademark warning are high. They are made up of
   • Legal costs of the warning letter (calculated according to the amount in dispute, here € 150,000 → around € 3,000)
   • Possible compensation (depending on the type and duration of use)
7. Why do I have to provide information?
   The trademark owner has a legal Right to information (§ 19 MarkenG) in order to calculate the damages. This includes information on sales figures, turnover and suppliers.
8. Do I have to destroy goods?
   If the trademark infringement concerns a product, the trademark owner can, in accordance with § 18 MarkenG Destruction of goods demand.
9. Why is a patent attorney often involved?
   In many cases, patent attorneys are commissioned in addition to lawyers. This can double the costs. This is not always necessary - we check whether the costs are justified.
10. Do I need a lawyer?
    Yes, especially in the case of high amounts in dispute and complex trademark law issues. Our law firm has already examined and defended thousands of trademark warnings - We help you to develop the best possible strategy.

Our recommendation in the event of a warning:

✔ Never sign the cease-and-desist declaration without checking it!
✔ Do not pay prematurely!
✔ Have a warning letter checked by a specialist lawyer!

Your experts for trademark law - Law firm marken medien meyen

📍 Robert Meyen, lawyer & specialist lawyer for intellectual property rights
📍 Breite Straße 22, 41460 Neuss
📧 kanzlei@marken.legal
📞 02131/4051650

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