Trademark Infringement
Act fast when your trademark is copied or imitated
An infringement of your trademark costs you revenue and damages the reputation of your brand. The longer it continues, the greater the loss – and the harder it becomes to bring the infringement to a swift end. We assess your case, secure the evidence and enforce your claims out of court or before the courts. If you are the one facing an allegation of infringement, we defend you.
When does a trademark infringement arise?
The German Trademark Act protects your trademark in three situations:
- Identity: A third party uses your trademark identically for identical goods or services.
- Likelihood of confusion: A third party uses a sign that is at least similar to your trademark for goods or services that are at least similar, so that customers confuse the marks or mistakenly assume a connection between them.
- Trademark with a reputation: A trademark that has a reputation in Germany is also protected against the exploitation or impairment of that reputation.
Protection requires use in the course of trade – for example on products, in advertising, in online shops or as a domain name.
Your claims as trademark proprietor
- Injunctive relief: the infringer must cease the use.
- Disclosure: of the origin, distribution channels and quantities of the infringing goods
- Damages: calculated on the basis of the actual loss suffered, a reasonable licence fee or the infringer’s profit
- Destruction and recall: of the infringing goods
- Reimbursement of legal fees: where the cease-and-desist letter is justified
How we take action against a trademark infringement
- Assessment and preservation of evidence: We document the infringement and review your rights.
- Cease-and-desist letter: We call on the infringer to cease and desist. For more detail, see Cease-and-desist letters in trademark law.
- Preliminary injunction: In urgent cases we obtain a swift court order prohibiting the use. This requires you to act promptly once you become aware of the infringement.
- Court action: For damages and disclosure, or where no settlement can be reached.
- Border seizure: Where counterfeit goods are imported from abroad, the customs authorities can be brought in.
Have you been accused of trademark infringement?
Not every allegation is justified. We examine whether a likelihood of confusion exists, whether the other side’s mark is actually being used and whether you hold earlier rights of your own. On that basis we develop the appropriate defence and, where appropriate, negotiate a settlement.
Limitation periods
Claims arising from trademark infringement are generally time-barred three years after the end of the year in which you learned of the infringement and of the infringer. Interim relief usually calls for considerably faster action. The courts in Germany apply differing urgency periods – in some cases only a few weeks – within which the cease-and-desist letter must be sent and the application to the court must be filed.
Costs
Costs are determined by the amount in dispute, which in trademark matters is often set high. Where a claim is justified, the infringer generally bears the statutory costs. We assess the cost risk and the prospects of success in advance.
Related topics: Trademark law | Cease-and-desist letters in trademark law | Opposition against a trademark | Domain name law
Arrange a consultation
Have you discovered an infringement of your trademark? Contact us immediately, so that you do not miss the opportunity for interim relief and no claims become time-barred.
FAQs
For a preliminary injunction, as quickly as possible after you become aware of the infringement. Anyone who waits too long loses access to interim relief.
Yes – in online shops, on marketplaces, in advertisements and in domain names.
It may then take priority. We review the order of seniority and possible delimitation arrangements.
In certain circumstances, yes – for example on the basis of a company name or of a mark that has become known through use.
Our Services
- Legal advice regarding warnings, both for the sender and the recipient
- Enforcement of your trademark in contentious proceedings
- Defense of your trademark rights
- Conducting trademark infringement proceedings
- Representation before all ordinary courts
- Individual advice on your trademark strategy
- Examination of the registrability of your desired trademark
- Drafting a list of goods and services
- Preparation and registration of your trademark
- Trademark monitoring
- Care and management of your trademark
- Deadline monitoring