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 it believes are infringing 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 usually demands the cessation of further use of the term "Allen key" and the submission of a cease-and-desist declaration with penalty clause. Claims for damages can also be asserted.

Why do you receive the warning letter?

Possible reasons for a warning letter from INBUS IP GmbH may 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

Incidentally, the INBUS IP also takes action against the term "IMBUS", as the INBUS is often incorrectly referred to.

It is important to note that the sending of a warning letter does not automatically mean that you have actually received 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!

If you have received a warning letter from INBUS IP GmbH, it is It is strongly advisable not to act too hastily. Under no circumstances should you sign the cease-and-desist declaration provided without first seeking the advice of a lawyer. If you sign without thinking, you may unintentionally accept legal disadvantages.

How to proceed correctly:

1. Keep calm: Do not be intimidated by the warning letter. Although there are time limits for responding, they are usually sufficient to seek competent help.
2. Contact a lawyer: Contact a lawyer specializing in trademark law immediately. They can check the warning letter and advise you on your legal options.
3. Do not reply to the warning yourself: Leave the response to the warning letter to your lawyer. They can present the facts 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

If you receive a warning letter from INBUS IP GmbH, you should keep calm and contact a lawyer immediately. They can give you comprehensive advice and protect your rights. Never sign a cease-and-desist declaration prematurely and have the allegations checked by a lawyer. 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.