Document background
The Trademark Cease And Desist Letter is a crucial legal instrument in German intellectual property law enforcement, typically used as the first formal step in addressing trademark infringement. This document is employed when a trademark owner discovers unauthorized use of their protected mark and wishes to stop the infringement without immediate court intervention. Under German law, sending such a letter is often a practical requirement before pursuing court action, as it demonstrates an attempt at an out-of-court resolution. The letter must comply with specific requirements under German law, including the Markengesetz (Trademark Act) and related legislation. It serves multiple purposes: documenting the infringement, demanding its cessation, seeking a binding commitment not to repeat the infringement, and establishing a basis for potential legal action if the demands are not met.
