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GRP Rainer Rechtsanwälte: Experience in enforcing claims following trademark violations

August 2017

If a registered trademark is infringed, it is possible to take action against this. GRP Rainer Rechtsanwälte is experienced in enforcing and fending off claims arising from trademark violations.

Trademarks create greater brand recognition among consumers and in doing so foster customer loyalty. It is therefore crucial for businesses to have their trademarks protected to prevent competitors from profiting from their success.

As a commercial law firm with a great deal of experience in the field of trademark law, we at GRP Rainer Rechtsanwälte note that a symbol or mark is in principle capable of being registered as a trademark if it is sufficiently distinctive vis-à-vis goods and services provided by other companies. Nonetheless, even if a trademark is registered and protected, there is always the possibility of trademark violations occurring. These kinds of infringements ought to be consistently pursued in order to protect one’s business and legal action taken in the form of, for instance, formal warnings, cease-and-desist declarations or claims for damages.

That being said, it is important to check beforehand whether a trademark violation has in fact occurred. If, for example, a formal warning is wrongfully issued, this is considered negligent in the absence of a prior investigation and entails culpability. This can, in turn, result in the company that was wrongfully issued with a formal warning being able to assert damages claims.

Avoiding this kind of scenario is absolutely essential. That is why one should first of all establish the field in relation to which a trademark has been registered. Examples of marks capable of being registered include word marks, figurative marks, colour marks, audio marks, 3D marks, or a combination of the above. Additionally, it is also necessary to assess the territorial area with respect to which the trademark has been afforded protection. This is especially important at a time when globalization continues to advance. A trademark is initially protected in the country in which it was registered. However, it is possible to expand this protection, e.g. to other European Union member states and beyond. Particularly in light of the United Kingdom’s upcoming exit from the European Union, it may be a good idea to have another closer look at trademark protection. It is, of course, also necessary to ensure that one’s own trademarks do not infringe any existing trademark rights.

Lawyers who are experienced in the field of intellectual property law can advise on all matters pertaining to trademark law as well as assume responsibility for enforcing or fending off claims arising from trademark violations.

https://www.grprainer.com/en/legal-advice/intellectual-property-law-and-trademark-law/trademark-law.html

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