Trademark Infringement in Germany

Whether use of a sign infringes a trademark depends on the protected right, the sign used, the goods or services, the context of use and the likelihood of confusion or other applicable grounds.

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Core infringement analysis

The assessment generally starts with the earlier right and the challenged use. Similarity of signs, similarity of goods or services and the distinctiveness of the earlier mark interact rather than operating as isolated checkboxes.

Evidence and remedies

Screenshots, product pages, invoices, packaging, advertising and timing can be important evidence. Depending on the case, remedies may include injunctive relief, information, damages and eligible enforcement costs.

Defending allegations

A defence may challenge infringement, the claimant’s entitlement, scope of protection, use requirements, urgency or the relief sought. The correct approach depends on the procedural stage.

Preparing a trademark-law review

For an efficient first assessment, it is useful to provide the relevant registration extracts or application numbers, the sign as actually used, the goods or services concerned, key correspondence and a short chronology. In infringement matters, screenshots, packaging, invoices or marketplace listings can help establish how and when the sign was used. In filing matters, planned markets and the intended goods and services are particularly important.

Trademark infringement is highly fact-specific. This page does not replace analysis of the exact signs, registrations, goods or services and use.