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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.
We are experts especially in the following areas:
- Trademark protection in Germany: Registration and
complaint proceedings before the German PTO; complaint proceedings
before all patent and trademark courts; injunctions, damages,
and trademark deletion proceedings before all civil courts
against product pirates and owners of similar trademarks;
seizure of counterfeited goods; writing collision reports;
legal analysis of new trademark registrations
- Trademark protection in Europe: Registration and
complaint proceedings before the European Trademark Office
in Alicante (Spain); complaint and other proceedings before
the EuG and the EuGH; injunctions, damages, and trademark
deletion proceedings
- Trademark protection in the USA: Legal advice and
proceedings before the USPTO; enforcement of trademark rights
in court with the help of our cooperating partners in the
USA
- Trademark protection worldwide: Registration of international
trademarks in Geneva (Switzerland); enforcement of trademark
rights
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.
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