Trademark Registration and Protection

In most countries, trademarks  come into existence by filing the appropriate trademark registration form with the competent trademark office. If you market your goods and services on a multinational or global level, registering your trademark as an EC trademark with the European Union Intellectual Property Office (EUIPO), and as an international trademark with the International Bureau of the World Intellectual Property Organization (WIPO) in Geneva (Switzerland) is almost unavoidable. WINHELLER trademark attorneys are experienced in assisting you with the entire trademark 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 distinctiveness with respect to the goods and services of your competitors. Your trademarks may erode to a point where they cease to be considered as strong and distinctive trademarks by the general public. Also, product piracy is a threat that should be taken seriously. Writing oppositions, cease and desist letters and filing for preliminary injunctions, actions for damages, and actions for cancellation with respect to similar trademarks that constitute a likelihood of confusion are often the only means to defend yourself against the unauthorized use of your trademarks.

• Trademark protection in Germany: Trademark registration and complaint proceedings before the German PTO; complaint proceedings before all patent and trademark courts; injunctions, damages, and trademark cancellation proceedings before all civil courts against product pirates and owners of similar trademarks that constitute a likelihood of confusion; seizure of counterfeited goods; writing collision reports; legal analysis of new trademark registrations
• Trademark protection in Europe: Trademark registration and complaint proceedings before the European Union Intellectual Property Office (EUIPO) in Alicante (Spain); complaint and other proceedings before the General Court and the European Court of Justice; preliminary injunctions, actions for damages, and trademark cancellation proceedings
• Trademark protection in the USA: Legal advice and proceedings before the USPTO; in-court-enforcement of trademarks with the help of our co-operating partners in the USA
• Trademark protection worldwide: Registration of international trademarks with WIPO in Geneva (Switzerland); enforcement of trademarks

WINHELLER trademark lawyers 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.