Trademark Law

Trademark Law

You are planning high marketing expenses for a mark and want an assessment of the protectability of a sign?

You want to oppose to a competitor's trademark or make a request for cancellation?

You want to counteract product piracy?

You want to defend yourself against an alleged trademark infringement?

You are not sure if and where trademark protection is required? We advise you on the costs and benefits of a trademark.

All signs which are suitable to distinguish the goods and services of a company from those of other companies can be protected as a trademark. Trademarks may consist of words, letters, numbers, figures, 3D objects or acoustic signals. Depending on this one speaks of word marks, figurative marks, 3D marks, color marks or sound marks.


Trademark Applications

We advise on trademark law and offer a complete service from the design of a brand up to the registration of the trademark before the German Patent and Trademark Office (DPMA), before the European Union Intellectual Property Office (EUIPO) or before the World Intellectual Property Office (WIPO). We assess the protectability of trademarks and draft a list of goods and services that ensures the broadest protection for your brand and your products.

For a trademark application you have the following types of brands available: word mark, figurative mark, sound mark, color mark, 3D mark, position mark or movement mark.

Trademark Strategy

For your company, we develop a trademark strategy that is perfectly matched to other intellectual property strategies, such as patent strategies and design strategies. We aim to achieve the fullest scope of protection possible for your product range. As a perpetual propertyright, the brand is a very powerful tool for IP-strategies. We can also rely on non-conventional forms of trademarks, such as 3D marks, motion marks, color marks, position marks or sound marks and noise brands, which often grant broader protection than the classic word mark or figurative mark.

Trademark Searches

Before investing extensively in marketing measures, we recommend that you check the protectability of the desired sign as well as a trademark search for third party rights. This allows you to customize your preferred brand in respect of protection requirements before publishing it. After customers have noticed your brand, you can hardly change it.

Disputes

We represent you in opposition proceedings, cancellation proceedings and infringement proceedings before the German Patent and Trademark Office (DPMA), the Intellectual Property Office of the EU (EUIPO), the Federal Patent Court (BPatG) and the district courts against trademark rights of third parties.
Marke Traunstein, Marke Rosenheim, Marke Wasserburg, Marke Burghausen, Marke Reichenhall, Marke Freilassing

Strategies for Trademarks


Avoid Oppositions

Especially in EU trademark applications third party oppositions are becoming more and more common. For you, a contradiction entails an additional risk of losing the brand at least partially. Did you know that you can significantly increase the obstacle for foreigners oppositions by selecting "German" as language of proceedings? This requires, however, a small trick, namely that  the trademark application is filed in a language other than the official languages (German, English, French, Italian or Spanish) of the EU IPO.

Use of the Trademark

The scope of protection of a trademark thrives on the use of the mark. Therefore we recommend to use your mark in the registered form and document advertising and marketing expenses. If you want to create several similar marks, it is advisable to use a brand series with a master component and several series elements.

Recognition Value of Products

Product pirates do not always imitate your product in an identical form. Imitations are often associated with a well-known company and exploit reputation, but there is no trademark infringement. To prevent this, design your products having a high grade of recognition and protect this also with non-conventional marks, such as 3D brands, position marks or color marks. In case of a dispute, you have more possibilities to deal with a trademark infringement.

Classes of goods and services

Trademark applications must contain a list of goods and services. In the latter, the applicant determines the goods and services that shall be protected by the trademark. You can choose goods and services from 45 different classes (Nice classes). However, it is important not only to protect the goods and services that you offer, but also the products and services that are related or similar to your offer.

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