What are the consequences if someone uses my brand without permission?
September 12, 2022 | 40,00 EUR | answered by Carsten Schlüter
Dear trademark lawyer,
My name is Hanna Weiss and I have been running a successful cosmetics company for several years. Some time ago, I registered my brand "BeautyGlow" with the trademark office to protect my unique product portfolio and safeguard myself against trademark infringements.
Now, I have discovered that a competitor is using my brand "BeautyGlow" without my permission. They are using my brand name to market similar products under their own label. I am concerned about the reputation of my brand, as consumers may become confused and think that the products from my competitor are coming from me.
The consequences of this trademark infringement are very worrying for me. I would like to know what legal actions I can take against the infringer to protect my brand and seek damages. Are there ways to force the competitor to cease and desist and claim compensation?
I urgently need your professional help and advice to find the best possible solution for this situation. Thank you in advance for your support.
Sincerely,
Hanna Weiss
Dear Mrs. Weiss,
Thank you for your inquiry regarding the trademark infringement of your brand "BeautyGlow" by a competitor. It is understandable that you are concerned and wish to take measures to protect your brand and claim damages.
In your case, it is important to first determine if there is indeed a trademark infringement. A trademark infringement occurs when a third party uses an identical or similar sign without your consent, which is confusingly similar to your registered trademark and is used for similar products or services. In your case, it appears that your competitor is doing just that by using the brand name "BeautyGlow" for similar products.
As the owner of the trademark, you have the right to take action against this trademark infringement. Possible legal steps include:
1. Cease and desist letter: You can first send a cease and desist letter to your competitor and demand that they stop using your brand. In the letter, you should clearly outline the rights being infringed and the actions you expect from them.
2. Injunction lawsuit: If the competitor continues to use your brand despite the cease and desist letter, you can file an injunction lawsuit in court. The goal is to force the competitor to cease using your brand.
3. Damages claims: You can also claim damages to compensate for the financial loss suffered due to the trademark infringement. This may include lost profits, legal costs, and damage to reputation.
It is important that you seek advice from a specialized trademark lawyer to develop the best legal strategy for your case and effectively represent your interests. The lawyer can help you initiate the necessary legal steps and enforce your claims.
I hope this information is helpful to you and I am available for further questions. Please do not hesitate to contact me if needed.
Sincerely,
Carsten Schlüter
Trademark Lawyer
