What can I do if my brand is being used by someone else?
March 17, 2023 | 40,00 EUR | answered by Ingo Hausdorf
Dear trademark lawyer,
I am reaching out to you because I am very concerned about my brand. My name is Helma Krüger, the owner of the brand "Krüger's Kaffeekreationen," which I successfully introduced to the market a few years ago. Now I have discovered that another company in a similar field is using a very similar brand name, "Kaffee-Kreationen Krüger."
This is causing confusion among my customers and potentially leading to a decrease in sales for my company. I have already tried to contact the other company to find a solution, but without success. I fear that my brand will continue to be compromised if I do not take action.
Therefore, my question to you is: What can I do to protect my brand and take action against the use by the other company? Are there legal steps I can take to defend my trademark rights? What options are available to me to resolve this issue and successfully protect my brand?
Thank you in advance for your support and advice on this matter.
Sincerely,
Helma Krüger
Dear Mrs. Krüger,
Thank you for your inquiry regarding the protection of your brand "Krüger's Kaffeekreationen" and the potential trademark infringement by the other company with the brand "Kaffee-Kreationen Krüger". It is understandable that you are concerned about confusion among your customers and potential loss of revenue. It is important that you defend your trademark rights and take active steps against the infringement.
Firstly, you should check if your brand "Krüger's Kaffeekreationen" is properly registered and protected. If this is the case, you already have strong legal protection for your brand. If the other company is using a similar brand that infringes on your rights, you can take legal action to enforce your trademark rights.
One way to address the trademark infringement is to send a cease and desist letter to the other company. In this letter, you inform the other party that they are infringing on your trademark rights and demand that they cease the infringement and pay damages. If the other company does not respond to the cease and desist letter, you can also take legal action through an injunction or a lawsuit for injunction.
Additionally, you can contact the German Patent and Trademark Office to review the registration of the brand "Kaffee-Kreationen Krüger" and take action against the registration if necessary. It is advisable to consult an experienced trademark attorney to represent your interests effectively.
It is important that you act quickly to effectively protect your brand. The longer you wait to take legal action, the more the infringement of your trademark rights can negatively impact your business.
I hope that my explanations will help you find a solution to your problem. If you have any further questions or need assistance, I am happy to help.
Sincerely,
Ingo Hausdorf
Trademark Attorney
