Natalie

Trademark law and trademark registrations


Do you have questions about protecting your name, logo or product – or have you received a warning letter for an alleged trademark infringement?

Here you can find out what trademark law means, how trademark registration works, how to respond correctly and how to protect yourself from conflicts.

What is trademark law?


Trademark law protects marks that distinguish the goods or services of one company from those of others. These include in particular:

  • Names (e.g. company or product names,
  • logos and word/image marks,
  • slogans or special designs.


A registered trademark gives the owner the exclusive right to use the trademark for certain goods or services and to prohibit third parties from using it.

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What does trademark registration mean?

Trademark registration is carried out at the German Patent and Trademark Office (DPMA), at EU level at the EUIPO or internationally via the WIPO.

Registration:

  • creates legally enforceable trademark protection,
  • enables imitators to be warned or sued,
  • increases the economic value of the company or product.
Important: A trademark only protects the goods and services classes for which it is registered.

Warnings in trademark law

Warnings in trademark law are often issued when:

  • an identical or similar brand name is used,
  • logos or symbols are confusingly similar,
  • products are offered under a protected name,
  • domains or social media names infringe on third-party trademarks.

Typical content of a trademark warning letter:

  • Request for cessation,
  • Submission of a cease-and-desist declaration,
  • Products are offered under a protected name,
  • Claim for legal fees and, if applicable, damages.
Please note: Trademark warnings can be particularly expensive, as the amounts in dispute are often high.

How should I respond to a trademark warning?

Here, too, it is crucial to act calmly and prudently.

  • Stay calm – do not react hastily.
  • Take deadlines seriously – trademark warnings usually contain short deadlines.
  • Do not sign anything without checking it first – cease-and-desist declarations are usually very broad in scope.
  • Do not make any hasty payments – claims are often negotiable.
  • Seek legal advice – professional review is particularly important in trademark law.

What happens if I do not respond?

If you do not respond to a trademark warning letter, you may face:

  • preliminary injunctions,
  • actions for injunctive relief and damages,
  • significantly higher court and legal fees.

Seeking legal advice at an early stage can often prevent escalation.

How should I respond to a trademark warning?

To avoid trademark issues, you should check whether similar trademarks already exist before using names, logos or product names. Have planned trademarks legally reviewed and register important trademarks. Only use third-party trademarks with express permission and also pay attention to trademark rights for domains, social media and online shops.

Conclusion: Trademark law protects identity, recognition value and economic interests. Whether it's trademark registration or a warning letter: those who check early on, react correctly and seek expert support can minimise risks, save costs and secure their brand in the long term.

Competent support in trademark law – at your side.

Whether it's trademark registration, conflicts with existing trademarks or warning letters: I provide clear and practical advice so that you can make confident and well-informed decisions.

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