Enforcement · EU trade mark courts

Trade mark infringement: enforce or defend

An EU trade mark gives you an exclusive right in the whole Union. We enforce it with warning letters, preliminary injunctions and actions before the EU trade mark courts, and we defend companies that have received a warning letter.

Describe your caseProceedings

Your rights as owner

The owner can prohibit third parties from using an identical or similar sign for identical or similar goods or services if there is a likelihood of confusion (Art. 9 EUTMR). Marks with a reputation are also protected against unfair advantage and dilution, even for different goods. The claims include injunctive relief, information about suppliers and customers, destruction of infringing goods and damages.

Which court?

EU trade mark disputes are heard by designated national EU trade mark courts. A court in the member state where the defendant is domiciled can grant an injunction covering the whole EU. A court that only has jurisdiction because the infringement took place in its territory can only rule on that member state.

Customs seizure

Under Regulation (EU) No 608/2013 you can file an application for action with customs, free of charge. Customs then detain suspected counterfeits at the EU border and notify you.

Practical example 1

Counterfeits at the border

A sporting goods brand files a customs application. Months later, customs in Hamburg detain 3,000 counterfeit shirts. The goods are destroyed in the simplified procedure without a court action.

Practical example 2

Warning letter received

A start-up receives a warning letter with a short deadline and a demand to sign a cease-and-desist declaration with a high penalty. We check the earlier mark for use, negotiate a modified declaration and a phase-out period. The costs claimed are reduced by more than half.

Our fixed-price services

*Attorney fees, net, plus VAT and official fees. All services

Speak to a trade mark attorney

horak. Rechtsanwälte Partnerschaft mbB, Georgstraße 48, 30159 Hannover, Germany · Phone +49 511 357 356 0 · Filing request · Proceedings request

Last reviewed: November 2026. Sources: EUTMR (EU) 2017/1001 Art. 9, 124–126; Regulation (EU) No 608/2013. This page provides general information and does not replace advice on your individual case.