Trademark Infringement: Preserving Evidence and Interim Relief

Suspected unauthorised use of a registered trademark on products, signs or websites should be assessed with reliable evidence. Whether the use amounts to infringement depends on the registration, the nature of the use and the legal conditions. Acting before the evidence is preserved may make the situation harder to establish later.

Record the disputed use

Save the website address, date, appearance and available product details. Keep invoices, packaging, advertisements and product samples where lawfully obtained. Preserve original files and explain how they were collected. A screenshot alone may not be enough in every case; formal evidence preservation methods should be considered with a lawyer.

Distinguish the possible claims

Stopping allegedly infringing use, seeking compensation and challenging a registration concern different issues. The legal basis and requested remedy should match the facts. A valid registration does not mean that every similar sign is automatically unlawful. Compare the mark, the protected goods and services and the actual commercial context.

Interim measures are not automatic

Interim relief may be requested where the applicable conditions are satisfied, for example to address a risk while proceedings continue. The court evaluates the evidence and the circumstances. The requested measure should be proportionate to the alleged infringement. No consultancy can promise that an interim order will be granted.

Coordinate before contacting the other side

Review the evidence before sending a notice or beginning negotiations, because the disputed material may change or disappear. Collect ownership records, relevant correspondence and a timeline. Özgel Patent supports technical trademark assessments and file preparation within its authorised scope. Litigation strategy and judicial representation are handled with lawyers. A clear initial file makes it easier to decide which further evidence and professional steps are appropriate.

Prepared by Özgel Patent · Content reviewed: 3 November 2026. Official reference and current information. This is general information; current requirements and the facts of each file need individual assessment.