Entry of a brand has the name of my company.
August 18, 2009 | 50,00 EUR | answered by Andreas Scholz
Greetings
A competitor in my field of work has registered a word-image trademark that corresponds to one of my company names.
Word-image trademark XXX-XXX
My company name includes the data of the trademark, as well as my domain xxx-xxx.com. Furthermore, I have similar domains that mean the same thing, but are in English or "Denglisch."
What do I need to do to defend a potential claim on the company name or domain?
Dear inquirer,
you can request the deletion of your competitor's trademark according to § 13 of the Trademark Act if you have an older
1. name right,
2. right to one's own image,
3. copyright,
4. variety denomination,
5. geographical indication, or
6. other industrial property right
compared to the trademark.
In your case, an older name right or copyright would be particularly relevant.
You can actively pursue the deletion procedure according to §§ 51, 55 of the Trademark Act, and as the owner, you would also have standing to sue. Furthermore, to avoid the effects of a warning, you can write a so-called protective letter to the competent district court in which you explain in advance why the competitor cannot claim against you for the use of your domain name, or your company logo/company name through an injunction.
I hope I could be of assistance to you in the context of the initial legal orientation. If you have any questions, please feel free to ask.
Best regards,
Andreas Scholz, Attorney
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