5 Best Ways to Handle Someone Using Your Brand without Permission

Building a reputable and recognizable brand takes sweat and blood. For that reason, someone using it without your permission can cause damage that is beyond annoyance. This is because it will cause customer confusion, leading to them mistaking fakes for your products or services. As a result, your brand will lose credibility. Additionally, it will damage your reputation. And can bring a torrent of legal complications besides losing revenue. Thankfully, you can arrest the situation before it gets out of hand. Here is a breakdown on how to do so.

1.     Document the Violation Thoroughly

The first thing you should do is document the violation as soon as you observe it. Doing so will help you collect concrete proof. It entails capturing screenshots of the website’s pages and social media posts. If they imitate your packages, it’d be best to capture that too. Additionally, copy and save direct URLs to the pages where the misuse is occurring. To freeze the evidence in time, use archiving tools like Page Vault. While at it, note down the date and time. You can also record how long the site has been active. Before looking for a professional, like a German trademark lawyer, attach evidence of brand ownership. These can be:

• Registration certificates like German Patent and Trade Mark Office or European Union Intellectual Property Office
• Screenshot showing your brand’s active uses online platforms
• Marketing materials

2.     Verify Your Trademark Rights

Since not all brands uses are illegal, it’d be best to verify if violation of your trademark rights. Doing so will give you the right foundation to act. The process includes confirming the aforementioned registrations. This is because your rights may be non-existent in court if you hadn’t registered. And since the trademarks are registered under specific classes, based on their classifications, which define the type of goods and service, it’d be best to check if brand is correctly registered. Additionally, it entails assessing the likelihood of confusion, which your lawyer can help you identifying.

3.     Hire a Local Professional to Send a Cease-and-Desist Letter

Don’t rush into threatening the infringer as you may end up breaking the law and get sued for abusive warning practices or defamation. Besides, you may weaken your case as you will do so without legal knowledge and fail include penalty clauses. Hiring a local lawyer to write a cease-and-desist letter is the best way forward. They know how to cite the right laws. While at it, they use the correct language. They also negotiate from a position of strength. Getting one alone will show the infringer your seriousness.

4.     Request a Preliminary Injunction

Suppose the violation seems harmful and in need of urgent action, it’d be best to request an injunction. This can be damage to your reputation or hijacking your sales. This preliminary injunction will quickly stop the ongoing violation without without for the full trial. For faster service, ensure that your evidence is clear. This injunction will lay ground for a full civil claim later on. A reputable trademark lawyer can help you through this entire process.

5.     Take Civil Action in a German Court

Should the infringer ignore your warnings, it’d be best to sue them. This means going into a local court and suing. A professional like Robert Meyen, who you can find by using German trademark lawyer as your search phrase, will help you with this crucial process. Through it, you can claim damages and legal fees. Besides, you can seek permanent prohibition of the violation of your brand’s identity.

It surely hurts when someone misuses your brand. This is because a lot goes into building a reputable brand. Thankfully, local and international laws provide ways to legally deal with such situations. Use the information captured here to guide you when seeking a stop to such violation.