proceedings:

Proceedings in a trademark dispute often begin with an interim injunction order. Thus further injury can be prevented fast and effectively. Such an interim injunction order is a form of warning. However, great caution is required at this point, because an unwarranted warning can already lead to a claim for damages, which is different than in the German Competition Codes, (UWG) because an interim injunction is an intervention in the pursuance of business. All lawyer costs incurred by the injustice of the warning would then have to be reimbursed in such a case.

If one wants to fend-off a possible violator of one's own patent rights, or if one is accused of violating such patent rights, the procedure is divided into the following legal steps, however, individual stages can also be dropped:

• admonition
• demarcation agreement or licence
• interim injunction
• information claim about distribution
• injunction proceedings


• destruction claim
• handover claim
• compensation claim
• deletion request at DPMA
• opposition
• deletion suit

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