How do I protect my brand from trademark infringement abroad?
April 24, 2024 | 40,00 EUR | answered by Ingo Hausdorf
Dear lawyer,
My name is Katja Busse and I am the managing director of a small company specializing in the production and sale of handmade jewelry. Some time ago, I registered a trademark for my products to protect them from imitators. However, I have recently discovered that my trademark is being copied and used unlawfully abroad. This is causing me great concern as I fear it could not only lead to a loss in sales but also damage my reputation.
My question to you is: How can I effectively protect my trademark from trademark infringements abroad? Are there specific measures I can take to address the unauthorized use of my trademark? What legal steps are available to me and how can I best implement them, especially when dealing with foreign companies?
I would greatly appreciate it if you could provide me with some possible solutions to effectively protect my trademark and address trademark infringements abroad. Thank you in advance for your support and advice.
Kind regards,
Katja Busse
Dear Mrs. Busse,
thank you for your inquiry regarding the protection of your trademark against trademark infringements abroad. It is understandable that you are concerned about the unauthorized use of your trademark and the potential negative impact on your company. As a trademark attorney, I can provide you with some possible solutions to effectively protect your brand and address trademark infringements abroad.
First and foremost, it is important to check if your trademark is internationally protected. A national trademark registration only provides protection within the respective country, so I recommend considering the possibility of an international trademark registration. Through an international registration, you can protect your brand in various countries and reduce the risk of trademark infringements abroad.
If you find that your trademark is being used unlawfully abroad, you can take legal action to address the trademark infringement. It is important to seek advice from an attorney with experience in international trademark law to determine the best legal steps to take. Possible measures may include sending a cease and desist letter to the infringer, initiating a trademark infringement lawsuit, or applying for an injunction.
Additionally, you can also reach out to international organizations such as the World Intellectual Property Organization (WIPO) for assistance in enforcing your trademark rights abroad. WIPO offers various services for combating trademark infringements, such as monitoring trademark infringements and facilitating mediation procedures.
Overall, it is important to take proactive measures and actively protect your trademark rights, especially in an international context. By combining preventive measures such as international trademark registration and enforcing your rights through legal action, you can effectively protect your brand against trademark infringements abroad.
I hope this information is helpful to you and I am available for any further questions you may have. Thank you for your trust and I wish you success in enforcing your trademark rights abroad.
Best regards,
Ingo Hausdorf
Trademark Attorney
