Quick Answer
- What it is:
- Cease-and-Desist Letter Response — a legal procedure in Germany.
- Deadline:
- No strict deadline
- Steps:
- 5 steps
- Cost:
- EUR null
- Documents:
- 3 required
- Legal basis:
- UWG §13
Important Deadlines
Respond within the deadline set in the Abmahnung letter itself
Required Documents
- ✓The original Abmahnung letter and enclosed declaration
- ✓Evidence of the actual conduct complained of
- ✓Any prior correspondence with the sender
Step-by-Step Guide
Do not sign the enclosed pre-formulated Unterlassungserklärung (cease-and-desist declaration) as drafted — it is typically written broader than legally necessary.
Pro tip: A declaration that is wider than the actual infringement can bind you to far more than the law requires (BGB §307 — unreasonably disadvantageous clauses in standard terms are void).
Send back a modified (narrowed) declaration that covers only the actual complained-of conduct.
Use a 'Hamburger Brauch' penalty clause — the contractual-penalty amount is left to the reasonable discretion of the warning party and can be reviewed by a court if disputed — instead of accepting a fixed, often inflated penalty sum.
Challenge the reimbursement claim for the warning's own costs if the warning was not justified, or if the claimed costs were not actually necessary (§13 UWG).
Respond within the deadline stated in the Abmahnung — missing it can lead directly to a court injunction (einstweilige Verfügung).
Fees
Legal Basis
Also Known As
This procedure is commonly searched under these names:
Official Resources
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