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Trademark infringements | Markenverletzungen

Trademark infringements

Trademark infringements are common and can have very different intensities.

  • The application of a confusingly similar mark
  • the use of a brand confusingly similar labeling
  • the targeted exploitation of reputation of the brand
  • production and distribution of counterfeit products (counterfeiting)

There are different ways to combat such infringements:

  • Brand monitoring
  • Note letter to the infringer
  • Opposition in the trademark application procedure for the infringement application
  • Annulment of the infringing party's mark
  • Written warning
  • Legal action with the following possible objectives
    • Omission of infringement in the future
    • Compensation for acts of infringement
    • Right to information about
      • various acts connected with the infringement
      • measures and prices of infringing products
    • Destruction of infringing products
    • Recall of infringing products

  • Request for a preliminary injunction against the infringer
  • Border seizure of trademark infringing products through customs
  • Criminal complaint

In the particular case, it is important to find an appropriate course of action to the injury and its intensity. This can consist of particular of the aforementioned elements or a combination of several. Depending on the circumstances of the case, it may also be important certain procedures not to use.

Obtaining legal advice is definitely recommended. To the office ...