Document background
A Trademark Infringement Warning Letter is a critical legal instrument in German intellectual property enforcement, serving as the first formal step in addressing unauthorized use of protected trademarks. This document is typically used when a trademark owner discovers unauthorized use of their mark or similar marks that could cause confusion in the marketplace. The letter must comply with German legal requirements, particularly the Markengesetz (German Trademark Act) and related legislation. It should include specific details about the trademark rights, clear evidence of infringement, and precise demands for remedial action. The document typically demands immediate cessation of infringing activities and requires the recipient to sign a declaration of abstention (Unterlassungserklärung). This formal warning often serves as a prerequisite for seeking injunctive relief through courts if the matter cannot be resolved amicably.
