How can I prevent my brand from being counterfeited or misused?
April 28, 2022 | 50,00 EUR | answered by Carsten Schlüter
Dear lawyer,
My name is Jonas Schulz and I run a small company specializing in the production and sale of high-quality sports equipment. Some time ago, I registered a trademark for my products to protect them from imitation and misuse. However, I have recently discovered that there are some companies that are counterfeiting my brand or even using it for inferior products.
These violations of my trademark rights are causing me great concern, as they not only damage my company and reputation, but can also confuse and deceive my customers. I definitely want to prevent my brand from being further counterfeited or misused, but I am unsure of the best course of action.
Can you please recommend specific steps and measures to effectively protect my brand and prevent violations of my trademark rights? Are there legal avenues to pursue against companies that are unlawfully using my brand? How can I ensure that my brand is protected on the internet and other platforms?
Thank you in advance for your support and I look forward to your professional advice.
Sincerely,
Jonas Schulz
Dear Mr. Schulz,
Thank you for your inquiry regarding the protection of your brand against infringement and misuse. It is understandable that you are concerned about the impact these infringements can have on your company. It is important that you take proactive steps to protect your brand and take action against companies that are using your brand unlawfully.
First and foremost, it is important to verify whether the companies are actually infringing on your brand. You should carefully examine the products and advertising materials of these companies to determine if your brand is being used in any way. If you find that your brand is being infringed upon, you should take immediate action.
One possible measure is to directly contact the companies and inform them of the infringement of your trademark rights. You can request a cease and desist declaration, in which the companies commit to no longer use your brand. If the companies are not cooperative, you can take legal action to defend your trademark rights.
It is also advisable to register your brand with the German Patent and Trademark Office to officially protect your rights. By registering your trademark, you obtain the exclusive right to use your brand for specific goods and services. This allows you to take action against companies that are unlawfully using your brand.
To ensure that your brand is protected on the internet and other platforms, I recommend conducting regular online market monitoring. You can hire specialized service providers to search the internet for infringements of your brand and provide you with reports on them.
In addition, you can also monitor your brand on online marketplaces such as Amazon or eBay. These platforms generally offer mechanisms to report trademark infringements and take action against them.
Overall, it is important that you remain active and proactively protect your brand. By responding quickly to infringements and taking legal action, you can ensure that your brand remains protected and your company remains successful.
I hope this information is helpful to you. If you have any further questions or need assistance, I am happy to help.
Best regards,
Carsten Schlüter, Trademark Attorney
