Robert Meyen
Lawyer
Specialist lawyer for intellectual property rights
brands media meyen
Breite Straße 22
41460 Neuss
Germany
Help with warning letters due to trademark infringement
If you are accused of trademark infringement, you have come to the right place!
One Warning in trademark law can be a considerable burden for the recipient. In this guide, you will learn how you can defend yourself against justified and unjustified claims.
The Warning is usually the first step in a trademark dispute. It is the trademark owner's request to the trademark infringer to cease the infringing activity and to cease the infringement by submitting a Cease and desist declaration for the future.
Our services for you:
- Fast and competent examination of your matter
- Clear explanation of the legal situation and your options for action
- Negotiation with the trademark owner on your behalf
- Targeted representation of your interests
- Development of a strategy to avoid future trademark infringements
Why you should choose marken medien meyen:
- Specialization in trademark law
- Many years of experience and expertise
- High success rate in the defense against warning letters
- Trustworthy, personal and comprehensive advice
- Fair prices and transparent costs
Benefit from our experience and know-how!
Lawyer for trademark law Robert Meyen has the necessary know-how from over 1,600 warning letters and more than ten years of professional experience to support you in all legal aspects. We take the time to carefully examine your individual situation and offer you customized solutions that are tailored to your specific needs.
Robert Meyen
Lawyer
Specialist lawyer for intellectual property rights
brands media meyen
Breite Straße 22
41460 Neuss
Germany
The trademark law Warning
The Warning is a letter in which the owner of a trademark requests a third party to refrain from a specific infringement. As a rule, the submission of a letter of formal notice Cease and desist declaration is required. It serves to avoid a legal dispute.
Warning in trademark law: What is it about?
In the trademark warning letter, it is usually first explained which rights the trademark owner holds and how the warned party is (allegedly) infringing them.
The Warning must fulfill certain formal requirements, to be effective. These include:
- The designation of the warning party as the trademark owner
- The designation of the warned party
- The exact designation of the trademark infringement complained of
- The Request for termination and injunction the act complained of
- The invitation to Submission of a declaration with penalty clause Cease and desist declaration
- The Setting a deadline to submit the Cease and desist declaration
- The Threat of legal action
When is the Warning justified and when is it unjustified?
The Warning is justified if the warned party violates trademark law and the Warning meets the formal requirements.
You violate trademark law if you use a trademark or another company's logo in the course of business to identify a product or service without the permission of the trademark owner.
The trademark attorney examines the Warning as follows:
The registered trademark must Distinctive character have. It must be capable of distinguishing the product of one company from the product of another company. If the trademark lacks the necessary Distinctive charactera counterattack on the existence of the brand can be an ideal defense.
Trademark infringement only exists if there is a clear and demonstrable difference between the trademark applied for and the allegedly infringing trademark. Identity or Risk of confusion exists.
Risk of confusion is a combination of the similarity of the trademarks on the one hand and the similarity of the goods and services on the other.
One Trademark infringement exists if identical or highly similar trademarks are used for similar goods or services or if similar trademarks are used for very similar or identical products.
By the way: willful trademark infringement constitutes a Criminal offense represent.
The German Trademark law and the European UMV see some Exceptions in which trademarks are exceptionally not infringed.
This is the case, among other things, if the trademark is used to describe Spare parts or accessories is used or if the Brand used for decorative purposes only is applied. This is often the case, for example, when it is applied to a large area of a T-shirt. We know the case law in detail.
Function and effect of the (modified) Cease and desist declaration
In the event of a trademark infringement, the trademark owner is entitled to a Injunctive relief pursuant to § 14 para. 2 MarkenG to.
The Cease and desist declaration is a written declaration in which the person being warned undertakes to refrain from committing the trademark infringement complained of in the future. The Cease and desist declaration must be punishable by law, i.e. the person being warned must be Contractual penalty if he has the Cease and desist declaration does not comply.
A modified Cease and desist declaration is a Cease and desist declarationwhich is provided with restrictions. For example, the person being warned can use a modified Cease and desist declaration to refrain from the trademark infringement in question only under certain conditions.
The delivery of a Cease and desist declaration should only be made after prior examination by a lawyer.
What happens if I don't have Cease and desist declaration give away?
If you use the Cease and desist declaration the trademark owner can take legal action against you. This can lead to an injunction or an action for injunctive relief and Compensation for damages lead.
Right to information and claim for damages
The trademark owner has filed a claim against the warned party. Right to information and a claim for damages.
The Right to information includes the following information:
- The origin of the goods or services complained about
- The distribution channels of the goods or services in question
- The sales and profits that the warned party has generated with the trademark infringement
The claim for damages includes the damage suffered by the trademark owner as a result of the trademark infringement. The Compensation for damages may include, for example, lost profits, license fees and Legal costs be.
What does the Warning in trademark law?
The trademark owner has a claim against the warned party for compensation for the Legal costs (Warning costs), if the Warning is justified and formally effective. The Warning costs include the costs of hiring a lawyer and sometimes also the costs of destroying the goods after customs seizure or detective and test purchase costs.
The amount of the Warning costs depends on the amount in dispute and the Lawyers' Fees Act (RVG). In most cases, the Warning Legal fees between 2,002.41 euros and 5,498.63 euros, calculated on the basis of amounts in dispute between 50,000 euros and 500,000 euros. Other amounts can be here or use our Cost calculator for trademark infringements use.
The warned party can defend itself against the claim for compensation for the Legal costs defend, when the Warning was unauthorized or if he is not responsible for the trademark infringement.
Defense against the Warning
Against a Warning you can defend yourself in various ways. For example, you can:
- The Warning as unjustified
- A modified Cease and desist declaration deliver
- Against the Warning take legal action, for example by filing a negative declaratory action
The right defense strategy depends on the circumstances of the individual case. You should therefore always seek advice from a lawyer if you wish to make a Warning have received.
An out-of-court settlement is often recommended in order to avoid legal consequences.
First reaction after receiving the Warning
If you have a Warning have received, you should first keep calm and Warning read carefully. Make a note of all deadlines set.
You should then contact a lawyer. The Warning and provide you with advice.
Do not take action yourself, before you have consulted a lawyer. You are better off using our Free initial assessment.
Warn yourself: SampleWarning in trademark law
Legal representation at the Warning is recommended, but not mandatory.
You can here
(Warning letter trademark law sample)
download a sample for a trademark warning. Please note that we do not accept any liability for the consequences.
The Warning must contain at least:
- Information about the warning party
- Information about the protected trademark
- Information about the trademark infringement
- Request to stop the trademark infringement
- Information on the infringed right from the MarkenG or the UMV
- Information on Risk of confusion
- Request to submit a declaration with penalty clause Cease and desist declaration
- Threat of legal action
What our clients say about the defense by attorney Robert Meyen:
How can marken medien meyen help with warning letters in trademark law?
brands media meyen is a law firm specializing in trademark law. We offer legal support in all matters relating to trademark law.
If you have a trademark Warning have received, we will be happy to help you with your defense. We check the Warning and advise you on your legal options. We negotiate with the trademark owner on your behalf and represent you in court if necessary.
Of course, we also stand by your side if your rights have been violated and enforce them consistently.
Contact us without obligation for a free initial consultation!
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