Are your trademark rights being infringed? Is your trademark, corporate designation or other business designation being used by third parties without permission? Are similar trademarks and distinctive signs being used by competitors? Are goods or services being offered, advertised or imported illegally with your trademarks and distinctive signs? You can take action against such and other infringements of your trademark and designation rights. You can rely on our many years of experience in the prosecution of trademark infringements.
Offer for trademark infringement litigation
We check the legal situation for you if you have the impression that someone is infringing your trademark rights. If there is a trademark infringement, we document it and develop a strategy for you to stop this trademark infringement as quickly and efficiently as possible.
As a general rule – except in cases of counterfeits/product piracy – a warning letter for trademark infringement is first issued in order to enforce the trademark law claims. In this warning letter, the warned party is requested in particular to cease and desist, to provide information, to pay damages and to reimburse the attorney’s fees. Under German law attorney’s fees are fully reimbursable. If the warned party does not provide a sufficient cease-and-desist declaration in response to the warning, does not cease the infringing conduct or refuses to fulfill other justified claims, we will initiate the necessary legal steps on your behalf. The enforcement of the claims can take place by way of an injunction or a lawsuit. We will represent you before all courts across Germany. Benefit from our many years of experience in countless trademark disputes and court proceedings.
Scope of services for trademark infringement litigation
- Examination and assessment of the factual and legal situation under trademark law
- Securing evidence and, if necessary, execution of test purchases
- Advice with regard to legal options and strategic approach
out-of-court representation in cease-and-desist proceedings for trademark infringement
- nationwide legal enforcement before all competent regional and higher regional courts by way of preliminary injunction or lawsuit
judicial representation in trademark infringement cases abroad through cooperating law firms abroad
- Enforcement of cease-and-desist claims by enforcing contractual penalties or means of injunctive relief
Costs for trademark infringement litigation
As a rule, we offer our services on a time basis at a reasonable hourly rate or in accordance with the German Lawyers’ Fees Act (RVG). Cost transparency and cost reliablity form the basis of a successful cooperation. We will be happy to provide you with an estimate of the probable costs and the cost risk before you retain us.