Protecting your brand is crucial. One ought to take resolute action against trademark violations. That being said, you should first assess whether a trademark violation has in fact occurred.
Trademarks result in greater brand recognition among consumers and are accordingly of great significance to businesses. It is therefore all the more important to seek protection for one’s own brand and take a rigorous approach to trademark violations. Having said that, it is also important to exercise caution. First of all, a thorough assessment should always be conducted looking at whether a trademark violation has in fact occurred, otherwise a formal warning or similar measures may backfire. The law firm GRP Rainer Rechtsanwälte can evaluate whether a brand or mark is capable of being registered, whether a trademark violation has occurred and take appropriate legal measures.
In the case of a supposed trademark violation, an in-depth factual and legal investigation needs to be carried out first, i.e. before a formal warning is issued, for instance. In the absence of this kind of thorough investigation, a formal warning may be negligent and thus also result in culpability. This, in turn, can give rise to claims for damages brought by the company that was wrongfully admonished, for example in relation to any costs incurred or restrictions on competition.
To avoid these kinds of unnecessary legal disputes, the first step is to assess the areas and regions in relation to which a brand should be registered and protected. Marks that are capable of distinguishing one’s goods or services from those of competitors can be registered. The next thing that needs to be determined is whether a mark’s protection should apply domestically, within the EU or beyond. At the same time, it is also important when registering a trademark to ensure that this will not infringe existing third-party trademark rights.
Following an assessment into whether a trademark violation has in fact occurred, if the protected trademark has been violated then appropriate legal measures can be taken. These can be in the form of formal written warnings, injunction suits or damages claims.
Lawyers who are experienced in the field of intellectual property law are your qualified point of contact when it comes to protecting one’s brand and asserting claims in response to trademark violations or, conversely, fending off unjustified claims.
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