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Trademark Law

Trademark Protection (nationally and internationally)

In most countries trademark rights come into existence by filing the appropriate trademark registration forms with the competent trademark offices. If you market your goods and services on a multinational or global level, registering your trademark as a EC trademark with the European Trademark Office in Alicante (Spain) and as an international trademark in Geneva (Switzerland) is almost unavoidable. WINHELLER Attorneys at Law are experienced in assisting you with the entire registration process. Further, we offer an extensive cost and risk analysis and supervise and protect your trademark portfolio against new registrations and product piracy.

A negligent defense of your trademark portfolio may lead to a number of negative consequences. Your trademarks may lose their power to distinguish your goods and services from the goods and services of your competitors. Your trademarks can erode to a point where they cease to be considered by the public as strong, distinguishable trademarks on the market. Also, product piracy is a threat that should be taken seriously. Writing cease and desist letters and filing complaints with the courts in order to obtain injunctions, damages, and a possible deletion of similar trademarks are often the only means to defend yourself against the unauthorized use of your trademarks.

Rely on our experience in the following areas:

Drafting & Negotiating Contracts: License Agreements, Use Limitation Agreements, Agreements out of court

WINHELLER Attorneys at Law are specialized in drafting and negotiating trademark agreements on a national and international level. We draft and negotiate in particular trademark license agreements, franchise agreements, and trademark transfer agreements. In order to avoid court proceedings, we use trademark arbitration and mediation procedures before conflicts escalate. These procedures have proven to be useful in cases where we aim at reaching use limitation agreements with the owners of similar trademarks.