KTM trademark warning from Zierhut IP – what you should know now

Online retailers and spare parts suppliers are increasingly receiving cease-and-desist letters from Zierhut IP on behalf of KTM AG. The accusation: trademark infringement through the unauthorized use of the term "KTM" in article titles or product descriptions. Sellers offering accessories or spare parts for motorcycles without selling genuine KTM products are particularly affected.

This article explains what is behind the KTM warning letters, what demands are made, and how to react correctly to avoid high costs and legal risks.

KTM – strong brand, strict trademark protection

KTM AG is one of Europe's leading motorcycle manufacturers and is known worldwide for its high-performance models – from motocross and racing bikes to touring motorcycles. With annual sales of over €1.8 billion, KTM is considered the market leader in the European motorcycle segment.

To protect its brand identity, KTM AG has registered numerous word and word/figurative marks containing the well-known "KTM" logo, which are protected under trademark law in Germany and internationally. This protection extends not only to motorcycles, mopeds, and scooters, but also to spare parts, accessories, bicycles, and maintenance and repair services.

This comprehensive trademark protection means that KTM consistently takes action against unauthorized trademark use – especially when third parties use the designation „KTM“ without authorization in their online offers.

What demands does Zierhut IP make in the KTM cease and desist letters?

In the current cease-and-desist letters issued by the law firm Zierhut IP on behalf of KTM AG, those affected are confronted with a number of demands and obligations. These include both the cessation of trademark infringement and the disclosure of information, as well as the reimbursement of costs.

Typically, Zierhut IP lawyers demand:

Submission of a legally binding cease and desist declaration

Those who received cease-and-desist letters are required to submit a declaration of discontinuance according to the so-called "Hamburg custom." This obligates them to refrain from using the "KTM" trademark without authorization in the future. Violations can result in substantial contractual penalties.

Comprehensive information provision

Furthermore, detailed information is required – for example, regarding manufacturers, suppliers, delivery quantities, purchase prices, sales times, offers, and advertising measures – and this information must be substantiated with supporting documents. This information serves as the basis for the subsequent calculation of damages.

Reimbursement of warning costs

Finally, Zierhut IP Attorneys typically demand payment of €4,120 in warning costs. This sum is calculated based on a high value in dispute, reflecting KTM AG's economic interest in protecting its trademark.

Do not sign or pay anything without legal review.
A hasty reaction can have long-term legal and financial consequences. An experienced trademark attorney can assess the validity and scope of the claims and develop an appropriate defense strategy.

Do not ignore KTM's warning letter under any circumstances – legal action and high costs are imminent.

Anyone receiving a cease-and-desist letter from KTM AG via the law firm Zierhut IP should under no circumstances ignore it. Such letters are serious trademark infringement notices, not forgeries or mass emails.

If the warning letter is not answered or only inadequately answered, legal enforcement of the claims is threatened – with significant financial consequences.

A lawsuit can quickly become expensive:

• In a case involving an injunction valued at 300,000 euros, court costs alone amount to approximately 8,000 euros.

• In addition, both parties will incur legal fees of up to 7,000 euros.

• The total legal costs can exceed 20,000 euros.

If the warning letter is legally justified, it is advisable to avoid litigation regarding the cease-and-desist claim. An out-of-court settlement – for example, through an amended cease-and-desist declaration – can significantly reduce costs and risks.

The situation is often different with regard to warning costs and claims for damages: Here, a legal review is worthwhile, as these amounts are often set too high and can be negotiated or reduced.

Why a trademark infringement notice should always be reviewed by a lawyer

Not every trademark infringement notice is legitimate. Even letters that appear convincing at first glance may contain formal or substantive errors. Therefore, those affected should always have a cease-and-desist letter from KTM AG or other trademark owners reviewed by a trademark attorney.

Trademark law is one of the most complex areas of intellectual property law. Even experienced lawyers find it difficult to assess,

• whether there is actually trademark use,

• whether a legitimate use under Section 23 of the German Trademark Act is possible,

• whether the trademark rights are exhausted in accordance with Section 24 of the German Trademark Act,

• or whether there is any likelihood of confusion within the meaning of trademark law.

Especially in the case of a KTM trademark warning issued by Zierhut IP, it is essential to carefully examine whether the designation "KTM" was used in the respective product description as an indication of origin (and thus as a trademark) or merely descriptively – for example, in the sense of "suitable for KTM models".

In addition to sound legal knowledge, experience in dealing with law firms specializing in cease-and-desist letters and negotiation skills are also crucial.

Only a trademark lawyer can properly assess the legal situation, defend against excessive demands, and develop a tailored defense strategy.

Why legal support really pays off in a trademark cease and desist letter.

A cease-and-desist letter for trademark infringement, for example from the law firm Zierhut IP on behalf of KTM AG, can quickly become expensive. In addition to legal fees and claims for damages, there are also long-term risks – especially contractual penalties if a cease-and-desist declaration is violated.

Therefore, hiring a trademark lawyer is not only recommended, but also economically sensible:

Unjustified warning letter?

If the trademark infringement notice turns out to be unfounded, you do not have to pay damages or legal fees. In many cases, the sender of the notice is even obligated to reimburse your legal fees.

Justified warning?

Even if the warning letter is essentially correct, legal advice can help limit damages. An experienced lawyer will ensure that no overly broad cease-and-desist declaration is issued – because such declarations are valid for life.

Avoid contractual penalties

Violations of a previously issued cease-and-desist declaration are particularly risky. A legal review ensures that you adapt your online offerings to be legally compliant and avoid future contractual penalties.

Therefore, before submitting a cease and desist declaration, all affected product offerings – especially those containing the term „KTM“ – should be carefully reviewed and revised.

Competent legal advice ensures that you can continue to advertise your products legally, without infringing trademark rights.

What to do if you receive a cease and desist letter from Zierhut IP and KTM?

A KTM cease-and-desist letter should not be ignored or underestimated. Short deadlines, high amounts in dispute, and far-reaching declarations of discontinuance carry significant risks. These steps are now important:

Stay calm and note the deadline.

Don't let yourself be pressured. Note the deadline and respond promptly – otherwise, you risk legal action and high additional costs.

Do not sign anything.

The enclosed cease and desist declaration is valid for life and is usually too broadly worded. It should only be submitted after legal review.

No payments without verification

Warning letter costs of around €4,000 are often negotiable. A lawyer can check whether the claim is justified or excessive.

Contact a lawyer

Trademark law is complex. A lawyer examines whether a trademark infringement has actually occurred and develops a sound defense strategy.

Do not communicate with Zierhut IP yourself

Direct contact can weaken your position. Leave all communication to your lawyer.