Issue warnings
We enforce trademark rights out of court—in a structured, proportionate, and strategic manner.
Taking Out-of-Court Action Against Trademark Infringements
In the life cycle of a trademark, cease-and-desist letters fall under the category of trademark protection and enforcement. Once a trademark has been established, registered, and—ideally—monitored, any infringements must be addressed consistently but also strategically in the event of a dispute. The goal is to avoid escalation without compromising one’s own rights.
Key Questions to Consider Before Issuing a Cease-and-Desist Letter
Is there a trademark?
It must be determined whether an enforceable intellectual property right with an earlier priority date exists and what geographical scope it covers.
Use in accordance with the brand guidelines?
Not every use of a mark constitutes trademark infringement. The decisive factor is often whether the mark is understood as an indication of origin.
Similarity & Closeness
The likelihood of confusion depends on the similarity of the marks and the closeness of the goods or services.
Urgency
When it comes to ongoing campaigns, trade show appearances, or strong online sales, quick action may be necessary.
Avoiding Risks
Unjustified Cease-and-Desist Letter
A cease-and-desist letter without sufficient grounds or containing disproportionate demands can give rise to counterclaims and weaken one’s own position.
Tactical Countermeasures
Depending on the situation, responses such as a negative declaratory action or a public escalation are possible and must be taken into account as part of the strategy.
How do we proceed?
Examination
Analysis of intellectual property rights, priority, usage status, and the nature of the infringement.
Preservation of evidence
Documentation of the disputed use, such as screenshots or product documentation.
Strategic Objectives
Determining whether the focus is on a quick resolution, market consolidation, or further claims.
Warning Letter & Response
Drafting, sending, and evaluating the response; negotiating a cease-and-desist letter, if necessary.
In this way, the warning letter becomes a controlled enforcement tool that protects rights and prevents escalation. Please contact us.
Related to the topic of strategy development
Manage Brand Portfolio
Structured management of multiple brands and countries
Legal Proceedings
Enforcement of Trademark Rights in Court
Here's how we support you
Legal Review
We will determine whether an enforceable trademark right exists.
Analysis of the Facts
We evaluate usage and collect evidence.
Strategic Design
We decide whether and how to proceed out of court.
Implementation & Negotiation
We handle the correspondence and facilitate the agreement.
Download PDF
An Overview of Cease-and-Desist Letters in Trademark Law.
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We'll discuss common pitfalls in trademark law.