Trademark infringement of the “Contur” brand

Have you also received a trademark warning from the law firm Preu Bohlig & Partner?

Then read more here:

Currently, a warning letter is pending for infringement of the "CONTUR" trademark. The trademark is registered with the German Patent and Trademark Office (DPMA) and the EUIPO for furniture and mattresses, among other products:

• Word/figurative mark “CONTUR” with registration number 1172842
• Word mark “CONTUR” with registration number 302010026042
• Word mark “CONTUR” with registration number EM015243488

The word/figurative mark was registered on February 28, 1991.

The client is accused of having infringed the trademark rights of Amper Marken-Vertriebs GmbH & Co. KG.

The letter requires the submission of a cease-and-desist declaration. A sample warning letter is attached, which stipulates a contractual penalty of €5,100, the obligation to provide information, and an acknowledgement of liability for damages, including legal costs. The exact amount of these costs, however, is not specified.

Trademark infringement warnings are not uncommon. Often, the recipients are unaware that they may be infringing trademark rights.

A trademark infringement warning is an out-of-court letter in which a trademark owner informs you that you are infringing their trademark rights. The warning typically demands that you cease the infringement, submit a cease-and-desist declaration with a penalty clause, and pay damages.
The deadlines are often short and you must react immediately, as trademark cases are usually urgent.

Trademarks are registered in so-called trademark registers.

To research whether you are infringing trademark rights, you can first search the trademark registers:
The following registers may be helpful.

• DPMA https://www.dpma.de/recherche/dpmaregister/index.html
• EUIPO https://euipo.europa.eu/eSearch/
• WIPO https://branddb.wipo.int/

However, similar trademarks must also be taken into account during the search. Determining which trademarks are similar is difficult and can fill entire books. If in doubt, a law firm should be involved, as trademark research is a complex process.

Don't submit a cease-and-desist letter without reviewing it. Never sign a pre-written letter without consulting a professional.

High value in dispute and high costs in trademark cases

The value in dispute in trademark cases is at least EUR 50,000. This results in costs that can easily reach the mid-four-figure range. Therefore, legal representation is worthwhile in every case, as claims for damages regularly reach amounts that threaten the existence of a company.

If you have received such a warning and need support, I would be happy to advise and represent you nationwide.