Trademark Registration And Protection in Germany

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 Patent and Trademark Office (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 partners in the USA
• Trademark protection worldwide:
  • Registration of international trademarks with WIPO in Geneva (Switzerland)
  • Enforcement of trademarks

An experienced trademark lawyer can draft and negotiate trademark agreements on a national and international level in a legally secure manner. Our trademark attorneys draft and negotiate in particular trademark

• license agreements,
• franchise agreements, and
• 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.