Trademark law

 

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I will register German, European and international trademarks for your organisation.
 
First, the registrability of a trademark must be ascertained, as not all labels satisfy the requirements. Would it be better to register a word mark or a figurative mark as a logo, or would a combined word-picture trademark be more appropriate ?

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In consultation with the client, we would decide what kind of trademark would be most suitable. If the trademark consists solely of a German term, it may be appropriate to apply for German rather than European registration. If the client subsequently wishes to extend trademark cover to all German-speaking countries, an amendment can be made by applying for an international trademark.

 
Where disputes arise over trademarks or labels, I will undertake a collision check, where appropriate with the aid of external research agencies. This reduces the risk of costly disputes with regard to confusingly similar registrations and other, previously used rights. If a prior professional examination is not carried out, applicants may face opposition notices and damage claims should the existing rights of other parties be infringed. 

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By registering a European trademark with the European Union Intellectual Property Office (EUIPO) in Alicante, Spain, protection can be obtained in the member countries of the European Union. The fees for such protection are relatively low.
 
Worldwide trademark protection is acquired through the World Intellectual Property Organization (WIPO) in Geneva. Here, different guidelines apply. If necessary, we can draw on a network of law firms for example in the USA and Canada, due to the many years of activity in this area, should a consultation in this regard be necessary.

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Furthermore, I can represent the applicant in disputes and legal proceedings being heard under the following jurisdictions: 

German Patent and Trademark Office (DPMA, consideration and appeal procedures, the Federal Patent Court FPC), 

European Union Intellectual Property Office (EUIPO, Boards of Appeal and Court of First Instance and Court of Justice of the European Union, CJEU), World Intellectual Property Organization (WIPO).

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In the context of trademark services, I also assist enterprises in the fields of corporate branding and corporate identity (CI), where appropriate in cooperation with the client’s advertising agency. The content and linguistic meaning of a mark might also be of relevance, especially in case of developing a brand strategy (family or series of brands), as well as, if necessary, its meaning in other languages. 
 
Furthermore, in the field of trademark law I also advise and can represent clients with regard to warning notices, lawsuits and, in particular, interim legal proceedings (preliminary injunctions). This includes the examination and preparation of demarcation agreements between trademark owners in case of trademark conflicts.
 
The firm advises on labeling contracts and draws up licensing contracts.
 
In the case of internet domains, it is advisable to consider labeling and trademark law as well as protection against claims under unfair competition or name rights.