Warning letters from INBUS IP GmbH due to trademark law: What to do?

Have you received mail from INBUS IP GmbH and are you Trademark infringements accused? Don't panic! In this guide, you will learn everything you need to know about warning letters from INBUS IP GmbH, including legal principles, recommendations for action and strategies for defending against unjustified claims.

Who is INBUS IP GmbH and what does it want?

INBUS IP GmbH is a company that has acquired the rights to the INBUS" word mark for various products and services. It regularly takes action against companies that, in its opinion, infringe this trademark by advertising or offering products with the name "Allen key".

At the heart of the warning letters is the allegation of trademark infringement. INBUS IP GmbH claims that the use of the term "Allen key" for the advertised products constitutes unauthorized use of its protected trademark. As a result, the company generally demands the cessation of further use of the term "Allen key" and the submission of a declaration of infringement. Cease and desist declaration demanded. In addition, claims for damages may be asserted.

Why do you receive the Warning?

Possible reasons for a Warning by INBUS IP GmbH can be

• Use of the term "Allen key" in product descriptions on your website or in online stores
• Use of the term "Inbus" in advertising material such as advertisements or product brochures
• Use of the term "Inbus" on the packaging of your products

By the way: INBUS IP is also taking action against the term "IMBUS", as the INBUS is often incorrectly referred to.

It is important to note that the sending of a Warning does not automatically mean that you actually have a Trademark infringement have been committed. In such cases, disputes often arise as to whether the use of the term "Inbus" is actually relevant under trademark law.

Do not act too hastily!

Should you have a Warning received from INBUS IP GmbH, it is It is strongly advisable not to act too hastily. Do not under any circumstances sign the submitted Cease and desist declarationwithout first seeking the advice of a lawyer. If you sign a contract without thinking, you may unintentionally accept legal disadvantages.

How to proceed correctly:

1. Keep calm: Don't let the Warning intimidate. Time limits for responding are set, but are usually sufficient to seek competent help.
2. Contact a lawyer: Contact a lawyer specializing in trademark law immediately. They can Warning and advise you on your legal options.
3. Answer the Warning not itself: Leave the answering of the Warning Your lawyer. They can present the situation professionally and negotiate with the other party.
4. Check the allegations: Have your lawyer check whether the allegations made by INBUS IP GmbH are justified. It is possible that there is no trademark infringement at all.
5. Act strategically: Depending on the situation, your lawyer can suggest various strategies, such as negotiating with INBUS IP GmbH, filing an objection or defending yourself in court.

Conclusion

Receive a Warning of INBUS IP GmbH, you should keep calm and contact a lawyer immediately. They can give you comprehensive advice and protect your rights. Never hastily sign a Cease and desist declaration and have the allegations checked legally. With the right strategy, you can defend yourself against unjustified claims.

Attention:

Our colleagues at the law firm WBS Wilde Beuger Solmecke claim that "Inbus" has become a generic term and have therefore filed an application to cancel the trademark. We think this is populist nonsense.