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Robert Meyen
Lawyer
Specialist lawyer for intellectual property rights
brands media meyen
Breite Straße 22
41460 Neuss
Germany
Immediate help with warning letters in trademark law
If you are accused of trademark infringement, you have come to the right place!
Warning letters under trademark law are one of the most common means used by trademark owners to enforce their rights.
Warning letters in trademark law serve to clarify trademark infringements out of court and prevent further damage. This guide offers comprehensive orientation for those affected - whether you have received a warning letter or want to protect your trademark preventively.
Lawyer for trademark law Robert Meyen has the necessary know-how from over 1,700 warning letters and more than eleven 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.
You can also skip this page and immediately Request a free check of your warning letter here.
Our services for you:
- Fast and competent examination of your matter
- Comprehensible 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!
Robert Meyen
Lawyer
Specialist lawyer for intellectual property rights
brands media meyen
Breite Straße 22
41460 Neuss
Germany
The warning letter in trademark law
What is a warning letter in trademark law?
A warning letter in trademark law is a legal instrument that serves to protect the rights of trademark owners. It takes the form of a formal letter that draws the alleged infringer's attention to a possible trademark infringement. This usually involves the unauthorized use of a registered trademark or conduct that could lead to confusion with a protected trademark.
The main aim of a warning letter is to request the recipient to immediately cease and desist from the offending act. A so-called declaration to cease and desist with penalty clause is often requested for this purpose. This declaration obliges the infringer to refrain from the offending behavior in the future and to pay a contractual penalty in the event of another infringement. This is intended to protect the trademark owner from further infringements of their rights.
In addition, the purpose of the warning letter is to avoid costly and time-consuming legal disputes. By settling the dispute out of court, it offers both parties the opportunity to find a quick and amicable solution. However, if no agreement is reached or if the warned party does not take the required measures, further legal action can be taken, such as an injunction or an action for injunctive relief.
A warning letter is therefore a central component of the trademark protection system and an effective means of preventing infringements at an early stage. At the same time, it ensures that the trademark owner can enforce its claim to protection and exclusivity of its trademark without unnecessarily burdening the courts.
Reasons for a warning:
Unauthorized trademark use: Use of a registered trademark without the consent of the owner.
Risk of confusion: Use of a sign that is similar to an existing trademark and may cause confusion.
Plagiarism: Production and distribution of products that copy protected designs or logos.
Keyword advertising: Use of protected brand terms in online advertising.
Trademark infringements on international markets: Cross-border conflicts are not uncommon, especially with EU and international trademarks.
Likelihood of confusion as the core of trademark infringement
The likelihood of confusion plays a central role in trademark law. It results from an interaction between several factors:
a) Similarity of signs:
The visual, phonetic or conceptual similarity between the protected trademark and the infringing sign is analyzed.
b) Similarity of goods and services:
The closer the relationship between the goods or services concerned, the greater the likelihood of a likelihood of confusion.
c) Distinctiveness of the mark:
Brands with a strong presence and high recognition value enjoy extended protection. Weaker trademarks, on the other hand, often have to prove clear similarities.
Interaction: A low similarity of the signs can be offset by a high similarity of the goods and vice versa. The decisive factor is the overall impression from the point of view of the average consumer.
You are in breach of trademark law if you use an identical or similar trademark or another company's trademark 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 trademark registered with the German Patent and Trademark Office DPMA or the European Union Intellectual Property Office EUIPO must be 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 distinctiveness, a counter-attack on the existence of the trademark 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 signs (trademark or business name) on the one hand and the similarity of the protected 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. Trademark rights are only infringed by use in the course of trade.
An intentional trademark infringement constitutes a Criminal offense constitute intent. Intent is assumed in particular in the case of plagiarism and falsification.
The German Trademark law and the European UMV see some Exceptions in which trademarks are exceptionally not infringed.
Such an exception exists, 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 the case, for example, if it is applied to a large area of a T-shirt. We know the case law in detail and can advise you precisely.
In rare cases, the warning letter may prove to be an abuse of rights if it is clearly only intended to cause damage. In practice, however, this case does not play a serious role.
In the case of abusive or obviously unjustified warnings, the warned party can demand compensation for their legal defense costs. This is referred to as a unjustified property right warning.
European trademarks and international aspects
Trademark law is not only important at a national level. European and international trademarks in particular offer extended protection, but are also more complex to enforce.
European Union Trade Mark (EUTM):
A European Union trademark offers protection in all EU member states. It is registered centrally at the European Union Intellectual Property Office (EUIPO). The advantages are uniform protection and central administration.
Uniform protection: The trademark is equally valid in all EU countries. Infringements can be prosecuted across borders.
High cost savings: Instead of national registrations in each country, a single registration is sufficient.
International trademark registration (WIPO):
The Madrid system makes it possible to protect trademarks in several countries with one central application. International trademarks facilitate the enforcement of rights on global markets.
Other protected marks
In addition to classic trademarks, other signs are also protected under German and European law:
a) Company identifiers:
Company names and business designations enjoy protection if they are used in the course of trade. A company name is often equated with a trademark, but is subject to different protection requirements.
b) Work title:
The names of media such as books, films or software (work titles) can also enjoy protection. A likelihood of confusion arises if the title is similar to existing works.
Components of a warning letter
A typical warning letter includes the following points:
Description of the injury: Description of the alleged unlawful act.
Demand for injunction: Request to end the violation.
Cease and desist declaration with penalty clause: Declaration of commitment not to commit similar violations in the future.
Damages: Demand for compensation for economic losses incurred.
Deadline: Tight deadlines put the warned party under pressure.
Statement of costs: Assertion of legal fees based on the amount in dispute.
Reaction to a warning letter
Is the trademark correctly registered and valid?
Is there really a risk of confusion?
Are the demands reasonable?
- Could there be an abuse of rights?
Modified cease-and-desist declaration:
The enclosed cease-and-desist declaration should not be signed uncritically. It can often be adapted by a lawyer in order to minimize risks and obligations.
Legal support:
An experienced specialist lawyer will help you to examine the warning letter and formulate a well-founded response. They can fend off unjustified claims or negotiate legitimate concerns.
Prevention against trademark infringements
Trademark search: Before introducing a new logo, name or product, a comprehensive search should be carried out in national and international registers.
Trademark monitoring: Automated monitoring services can detect potential breaches at an early stage.
Legal advice: A specialist lawyer for trademark law helps to develop strategies and minimize risks.
Costs of a trademark warning
The costs are made up of several factors:
Legal fees: These are based on the amount in dispute, which is often between €50,000 and €500,000. We have also received warnings for an amount in dispute of €600,000. The resulting costs start at around €2,000.
Damages: Claims may depend on the economic impairment.
Defense costs: For hiring a lawyer to defend against the warning letter.
Recommendations for action
Have you received a warning letter or would you like to protect yourself from legal risks? Our team of experienced specialist lawyers is at your side.
Free initial assessment: Call us at 02131/4051650 or write to us at kanzlei@marken.legal.
Individual advice: Make an appointment today and receive a comprehensive legal analysis.
Quick help: Our team specializes in responding to your concerns at short notice and finding the best solutions for your situation. You can rely on our experience and expertise.
Contact us today to protect and optimally represent your legal interests. We are at your side with help and advice!
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