Berechtigungsanfrage betreffend eine Marke – Englisch (Request for authorisation regarding a trade mark)

Note on the translation: This document is a translation of the German-language model contract from mustervertrag-anwalt.de (horak.Rechtsanwälte). The model contract is based on German law; references to legislation relate to German laws. In the event of any questions regarding interpretation, the German legal terms shall prevail. If the matter involves cross-border issues, please have the template reviewed by a solicitor.

Request for authorisation regarding the trade mark ‘…’

Dear Mr …,

For the sake of good order, we wish to inform you that … has instructed us to represent their interests. A lawyer has confirmed that the power of attorney is in order.

Our client is the proprietor of the German trade mark …, registration number DE …, for goods and services in Classes 16, 35 and 41.

Our client recently became aware that you are using the symbol ‘…’. From a phonetic point of view, there is virtually no difference between the symbol ‘…’ and ‘…’, meaning that, given the similarity of the marks and the identity of the goods in question, there is a clear likelihood of confusion.

On behalf of and acting under the authority of our client, we are first giving you the opportunity to contact us by

DD.MM.YYYY

to inform us of the circumstances on the basis of which you consider yourself entitled to use our client’s trade mark ‘…’ in your field.

Should we not receive this statement, or should it not be received in full, by the deadline – in which case a fax sent in advance will suffice – we will advise our client to take further action.

Yours faithfully,