Warning letter received from BMW because of MINI trademark?

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Never sign the cease-and-desist declaration prematurely!

Have you received a warning letter from BMW AG for an alleged trademark infringement because you offered products under the name "Mini"? Such offers are extensively warned by BWM. The brand "MINI" is well known. However, not every offer of articles under the name "Mini" infringes the MINI trademark.


BMW trademarks

BMW AG is the owner of numerous trademarks. However, in court cases, especially when it comes to the designation "MINI", the EU trademark 00143909 "MINI" plays a role.


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Free initial assessment of your case

Attorney for trademark law Thomas Seifried has over 20 years of experience in trademark law and has also been a specialist attorney for intellectual property law ("Fachanwalt fuer gewerblichen Rechzsschutz") since 2007. He is an author of specialized books and has conducted many successful proceedings before courts and the trademark offices.

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Was the "MINI" trademark actually infringed?

Whether an offer infringes the trademark "MINI" depends on several factors:

  •     Were other designations or sign components used in addition to "MINI" and is there therefore any likelihood of confusion at all?
  •     In the case of composite trademarks ("combination signs"), e.g., in the case of other designations or sign components, has the influence of the respective sign components and the scope of protection of the overall sign been correctly determined?
  •     Is the use of the trademark as an indication of a small size permitted?
  •     Has the trademark been "used as a trademark" at all?

Therefore, never sign hastily, even if the deadlines have been set tightly. Once you have issued the cease-and-desist declaration, you cannot subsequently claim that an infringement does not constitute a trademark infringement.

We can usually quickly determine whether the asserted claims and warning costs are justified and enforceable. Even in the case of justified warnings, we can often significantly reduce the warning costs and possible damage payments.

Trademark infringement through trademark application

Even a trademark application can infringe a trademark. This is because case law assumes a "risk of first use" for trademark use.

Years of experience and proven success

We have years of experience and a proven track record in trademark law.