BMW warning letter from KLAKA lawyers – react in time, act correctly

KLAKA law firm regularly represents BMW AG in cases of alleged trademark infringement. Affected parties receive cease-and-desist letters accusing them of infringing trademark rights to well-known designations such as "BMW", "M", "M1", "MDrive" or "MINI".

The letters often include trademark register extracts and a pre-prepared cease and desist declaration – with a request to sign it within a short period of time.

Our law firm specializing in trademark law helps you protect your rights, minimize the risk of cease-and-desist letters, and ensure your online presence is legally compliant – before a trademark issue turns into an expensive legal dispute.

What exactly is demanded in the BMW warning letter?

As a rule, KLAKA lawyers assert several claims on behalf of BMW AG:

• Submission of a legally binding declaration of discontinuance and undertaking
  • The person concerned is to declare that he will refrain from the disputed use in the future and will pay a contractual penalty in the event of a recurrence.
• Providing information about the type and scope of use
  • BMW is requesting information on sales figures, suppliers, and advertising measures.
• Claims for damages
  • Following the provision of information, financial compensation is to be paid for the alleged trademark infringement.
• Reimbursement of legal costs
  • For the calculation of legal fees, a value in dispute of up to [amount] is often used. 5€00,000 has been allocated. 
  • Depending on the individual case, the required out-of-court costs can amount to up to to 6.The gross amount is €0.000.

These high sums demonstrate that BMW consistently prosecutes trademark infringements – and those affected should therefore not react rashly.

How should you react to a cease and desist letter from BMW?

If you have received a cease and desist letter from KLAKA lawyers:

• keep CalmNot every warning letter is legally valid.
• No contact with the other sideAny communication without legal advice can worsen one's own position.
• Do not sign anything.The enclosed cease and desist declaration is usually formulated in a one-sided manner and should not be submitted without being reviewed.
• Do not make any payments.: Any potential claims should only be decided after a legal review.
• Act quicklyThe deadlines are short. Have your case reviewed promptly to avoid legal action.

Why legal support is crucial in trademark law

A cease-and-desist letter from BMW is legally complex and financially risky. The right strategy depends on the specific allegation and the type of use. An experienced trademark attorney will review the case.,

• whether a trademark infringement actually exists,
• whether the claims are justified,
• and how you can best defend yourself – out of court and in an economically sensible way.

Our law firm has many years of experience in trademark law and is familiar with the approach taken by KLAKA lawyers in numerous BMW cases. We offer you legal support.

If you've received a cease-and-desist letter from BMW, don't ignore it. With legal assistance, you can have the claims reviewed to determine their validity and how best to protect your interests. Have your cease-and-desist letter reviewed now – before it turns into a costly legal battle.