What role does trademark law play in the field of competition law?
March 11, 2023 | 40,00 EUR | answered by Sandra Bittner
Dear lawyer,
I am contacting you because I work in the field of competition law and I increasingly have to deal with the topic of trademark law. I am the owner of a small company specializing in the manufacturing and selling of sports equipment. Lately, I have noticed that a competitor has launched similar products under a similar brand that is very similar to my own brand.
I am worried that my competitor could cause confusion among consumers through this similarity and thus affect my sales. I wonder what role trademark law plays in competition law and if I can take legal action against my competitor to protect my brand.
Could you please explain to me the significance of trademark law in competition law and what options I have to protect my brand from imitation? Are there specific laws or regulations I can rely on? I am grateful for any help and advice you can provide on this matter.
Thank you in advance.
Sincerely,
Fred Ackermann
Dear Mr. Ackermann,
Thank you for your inquiry regarding trademark law in the field of competition law. Trademark law plays a very important role in competition law, as it serves to protect the distinctiveness and recognizability of products and services. A trademark is used to signal to consumers that a particular product or service comes from a specific company. Confusion between trademarks can lead to distortions of competition, as consumers may no longer be able to distinguish between different providers.
In your case, where your competitor has launched similar products under a similar brand that is very similar to your own brand, this could indeed constitute a violation of your trademark rights. You could take legal action against your competitor to protect your brand and address the risk of confusion. To successfully defend your brand, it is important that your brand is legally protected. You should check if your brand is already registered and whether you should file additional protection rights if necessary.
In German trademark law, the relevant laws are mainly regulated in the Trademark Act (MarkenG). There are provisions for the protection of trademarks and the legal options available to you to address a trademark infringement. For example, you could issue a warning letter to your competitor or initiate legal proceedings to obtain an injunction or damages.
In such a case, it is advisable to consult a specialized attorney in trademark law who can provide comprehensive advice and support you in enforcing your rights. I am available in my online consultation hours to answer any further questions and assist you with your concerns.
I hope this information has been helpful to you and wish you success in defending your brand.
Yours sincerely,
Sandra Bittner
Attorney specializing in competition law and trademark law
