What legal steps can I take against trademark infringements?
February 6, 2024 | 55,00 EUR | answered by Ingo Hausdorf
Dear lawyer,
My name is Babette Brandes and I have been running a successful small online business selling handmade jewelry for several years. Recently, however, I have discovered that a competitor is using my brand without permission and is therefore copying my products. This not only causes financial damage to my company, but also damages my reputation, as my customers are now unsure whether the copies are my original products.
I am concerned about the long-term effects of this trademark infringement on my business and am wondering what legal steps I can take against the competitor. I have already tried to address the competitor directly and find a solution, but without success.
Can you please explain to me what options I have to address the trademark infringements? What legal steps can I take to protect my trademark rights and require the competitor to cease and desist and pay damages?
I appreciate your support and advice on this matter, as protecting my brand is very important to me. Thank you in advance.
Sincerely,
Babette Brandes
Dear Mrs. Brandes,
Thank you for your inquiry regarding the trademark infringements that your company is facing. It is understandable that you are concerned about the impact on your business and wish to take legal action against your competitor. As a trademark attorney, I would like to explain to you the options you have to address the trademark infringements.
First and foremost, it is important to check whether your trademark is actually legally protected. If you have not yet registered your trademark with the German Patent and Trademark Office or the European Union Intellectual Property Office, I strongly recommend that you do so immediately. An registered trademark provides you with extended protection and makes it easier for you to take action against trademark infringements.
Once your trademark is registered, you can take legal action against your competitor. Firstly, you should send a cease and desist letter to the competitor. In this letter, you should clearly state that they are unlawfully using your trademark and demand them to cease and desist and pay damages.
If the competitor does not respond to the cease and desist letter or continues to infringe on your trademark, you can file for an injunction or lawsuit with the appropriate court. With an injunction, you can quickly and effectively obtain a temporary prohibition of the trademark infringement. In a subsequent court proceeding, you can then claim for cessation, damages, and possibly even the destruction of counterfeit products.
It is advisable to seek advice from a specialized trademark attorney in this matter to ensure that your interests are best represented. I am available to answer your questions and support you in legal matters.
I hope this information is helpful to you and wish you success in enforcing your trademark rights.
Sincerely,
Ingo Hausdorf
Trademark Attorney
