Trademarks

We advise you in all matters concerning trademark protection. This includes setting up a trademark portfolio in your company, carrying out searches for identical or similar marks and compiling lists of goods and services covered by your marks. Furthermore, we file trademark applications for you and represent you in the ensuing registration proceedings.

Subsequently, we provide advice with respect to protecting your trademark abroad. Trademark protection may be achieved through a European Union trade mark application or through an IR trademark application represented by us. If it is not possible to obtain trademark protection for an individual country by way of such regional or international proceedings or if an IR trademark application is not expending from a strategic point of view or out of cost consideration, we can obtain protection abroad through our collaboration with experienced and renowned law offices by way of corresponding national foreign trademarks.

Naturally, we can also represent you in proceedings concerning opposition against third party trademarks that can be confused with yours due to sameness to your mark and by reason of their lists of goods and services. Our activity also includes appeal, nullity and infringement proceedings.

Further information

The Trademark Act regulates trademark protection. Protectable marks are, in addition to the marks and the geographical origin data, also the business designations.

A trademark serves to distinguish goods and services of a company from those of other companies. The functions of a trademark are an origin function, a guarantee, a quality or a confidence function as well as an advertising function. Marks constitute an important means for protection from plagiarists who exploit the good reputation of the company and of its products.

Registered trademarks are mainly word marks, pictorial marks or combined word and pictorial marks. It is also possible to register images, letters, numerals, acoustic marks, three-dimensional designs as well as other forms of presentation including colors and color combinations.

Trademark protection arises the registration of the mark with the Registration Authority. In the case of a national German trademark this is the German Patent and Trademark Office, in the case of a European Union trade mark, this authority is the European Union Intellectual Property Office (EUIPO). The protection of a mark also may ensue through use of the mark in the course of trade, if the mark has acquired public recognition within affected trade circles or through notorious public.

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