Skip to main content

SMBs & agencies · UWG / trade mark warning

Received a UWG or trade mark warning letter — deadline, modified declaration, amount in dispute

Warning letter from a competitor or trade mark owner? Our AI tools check whether it is justified, propose a modified cease-and-desist declaration (Unterlassungserklärung) and assess the contractual penalty and the amount in dispute.

No credit card · 10 credits free · Cancel anytime

Deadline at a glance

Usually 7–10 days

Deadline in the letter

The deadline can usually be extended — but only if you actively request this before it expires. Ignoring it leads to a preliminary injunction.

It is an AI, not a person: nobody looks at your individual case, and we do not know who signs up or for what reason. That is why we give pointers, but no legal advice on the individual case. Guidelines and playbooks in the platform are only guardrails: the AI relies on the available sources and your information. AI can make mistakes — check important results, and if in doubt, ask a lawyer.

Typical risks in this scenario

What we pay special attention to

Curated from real cases. The AI review flags exactly these points in your document.

  • The pre-drafted cease-and-desist declaration (Unterlassungserklärung) is too broad (it also covers permitted conduct) — signing it binds you for life with a contractual penalty.

  • Flat-rate contractual penalty of €5,001 per breach, cumulative without a maximum.

  • Inflated amount in dispute (€50,000 instead of €5,000) → higher legal fees for the other side.

  • A 7-day deadline instead of the statutory "reasonable period" — it can often be extended.

  • Warning letter without standing to sue (the sender is not a competitor/trademark owner at all).

  • Several parallel warning letters for the same infringement (identical subject matter).

  • The limitation defense is often overlooked (UWG: 6 months from knowledge).

  • The cost claim charges the RVG business fee at the maximum rate instead of the mid-range rate.

What you can do here in 5 minutes

Warning letters (Abmahnungen) under the UWG and trade mark law arrive quickly, with short deadlines (often 7–10 days) and ready-made cease-and-desist declarations that are drafted too broadly. Signing blindly = a lifelong contractual-penalty trap. Ignoring blindly = a preliminary injunction (einstweilige Verfügung). We show you the third way.

Upload the warning letter — our AI tools check whether the complaint is justified, whether the declaration goes too far and whether the amount in dispute is appropriate, and we draft a modified cease-and-desist declaration.

How it works

Results in three steps

1

Upload the cease-and-desist letter

PDF, photo or email attachment.

2

Entitlement check

Standing to sue, limitation, substance of the complaint.

3

Modified declaration

A narrowly worded cease-and-desist declaration with a reasonable contractual penalty as a proposal.

What you get
  • Upload the cease-and-desist letter – PDF, photo or email attachment.
  • Entitlement check – Standing to sue, limitation, substance of the complaint.
  • Modified declaration – A narrowly worded cease-and-desist declaration with a reasonable contractual penalty as a proposal.
What it is not
  • No representation in court (preliminary injunction).
  • No trade mark search or assessment of the scope of protection.
  • No negotiation with the other party on your behalf.

FAQ

Common questions about this case

Transparency

What the AI checks — and what only a lawyer can decide

An AI is only as good as the question. We show openly where your answer is reliable and where you should speak with a lawyer.

For amounts in dispute of €25,000 or more, trade mark disputes, design law, several parallel warning letters or a preliminary injunction already received, a specialist lawyer for intellectual property law (Fachanwalt) MUST take over. We refer you directly.

Lex & Lexi

You ask. Lex or Lexi shows what Smart Legal Pro can do.

Product guidance right on the page — features, pricing and the best way to start.

Start free
No credit card
Get started