Trademark law

Trademarks serve to identify the goods and services of a company. The signs eligible for protection are those in common use which are capable of distinguish-ing the goods and ser-vices of one undertak-ing from those of an-other undertaking. Words, numbers, let-ters, images, colours, holograms, audio se-quences and multime-dia sequences can be protected.

With the registration of the trademark, the proprietor obtains the exclusive right to use the trademark for the goods and/or services claimed. Third parties are prohibited from using the sign or similar signs for the goods/services claimed or similar goods/services with-out the consent of the proprietor if there is a likelihood of confusion.

I advise on all facets of trademark law, in par-ticular:

  • Advice on the development of IP strategies
  • Clarifying the availability of trademarks and other distinctive signs by conducting availability searches
  • Worldwide supervision of trademark applications in cooperation with foreign colleagues, starting with the preparation of the actual application up to the enforcement of the registration vis-à-vis the competent offices.
  • Trademark collision monitoring with regard to conflicting rights and infringing acts of third parties, including the monitoring of official registers as well as through the means of border seizure.
  • Enforcement and defence of industrial property rights; representation in legal infringement and cancellation proceedings and conducting unilateral and adversarial proceedings before the German Patent and Trademark Office, the Federal Patent Court and the European Union Intellectual Property Office (EUIPO).
  • Advice on contractual matters relating to industrial property rights, in particular the drafting of licence agreements, trademark delimitation agreements, purchase agreements and distribution agreements
  • Administration and maintenance of property rights, in particular their renewal and possible transfer;
  • Advising companies on the independent management of IP portfolios
  • Valuation of trademark rights in an expert capacity from a legal, economic and financial perspective