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injunction proceedings


If an agreement between the two parties was not reached by way of a demarcation agreement or a license, it usually comes to a judicial argument.

Often the injunction procedure follows a provisional order, the purpose being to find a final legal resolution to the legal situation. The trademark owner requires that the violator cease the unlawful act in the future. This is often connected with the claim for information in respect of the amount of past use of the trademark. This can only be claimed through court.

For pushing through the civil trademark complaints, you have to claim at an ordinary court, (see Zulässigkeit.) If you have already decided to do the provisional legal protection then the claim at the ordinary court is not a pre-proceeding, nor a post-proceeding, but two totally separate proceedings. Commonly a decision in the provisional proceeding "is rejected" during injunction proceeding because of summary examination with limited proof.

The court examines the validity of the complaint and fixes a date for verbal negotiations. The verbal negotiations are prepared by letter, in which the parties state their demands and objections. It is important that the letters are comprehensive, because the court can reject additional clarification under the condition that it came too late. Thus a party can lose a lawsuit only because it did not give all the facts in time, although the case may have been in their favor.

In verbal negotiations, first the special and legal situations are discussed. In addition, the parties can reiterate their point of view orally and often the letters are also used. Then the court examines the possibility of an agreed compromise. If an agreement is not possible, sometimes an evidence taking date follows, during which witnesses and experts are heard or articles taken in for inspection. Often, however, the letters include all evidence in the form of certificates. Following the verbal negotiations, the court fixes a date for announcing the decision. Then the court examines the legitimacy of the requested demands and depending upon the legal situation, gives a judgment.

If the decision has been reached, the judgment will be given to the parties. That decision one can then enforce by a bailiff. Within a month after receiving the judgment, the party can veto the decision.


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