Of all of the forms of intellectual property protection, a trade mark offers the longest period of protection. A registered trade mark which is in use can be regularly renewed, so it is theoretically possible for it to be protected for an unlimited term.
Trade marks are signs for identifying products, which may be goods or services, which businesses use to present themselves to their customers. A trade mark also serves to distinguish a product from the products of competitors and to ensure the product is recognised on the market. The trade mark conveys the image of a product, and in the case of commercially successful goods and services a trade mark is often of significant value to the company. For this reason, trade mark protection is generally considered the most important IP right for marketing purposes.
We file applications for national trade marks as well as Community trade marks (which afford protection throughout the European Union) and international registrations under the Madrid Agreement and the Madrid Protocol for our clients, often at short notice. When applying for and defending these rights we are able to call upon the expertise of our close-knit global network of trusted specialists. Of course, we also regularly represent our clients in opposition proceedings and cancellation proceedings.
In addition to our knowledge and experience in application procedures, opposition proceedings, and cancellation proceedings before the trade mark offices, our expertise also lies in the enforcement of claims in trade mark infringement proceedings. Our specialist attorneys can develop an individual and customised enforcement strategy for you, which may include an entitlement enquiry, warning letter, preliminary injunction and/or full legal action. Our attorneys will be happy to represent you in any dispute before a regional court or higher regional court in Germany.
In the event of a trade mark dispute, our attorneys can support you in extrajudicial and commercial settlements by negotiating a compromise such as a co-existence agreement.
In addition, we offer trade mark searches prior to the filing of a trade mark application and/or prior to use of a trade mark in order to avoid conflicts of any kind in any region.
Our attorneys are also experts in all aspects of the law on internet domain names, which is closely related to trade mark law and competition law.
We are able to offer full support in enforcing your trade mark rights by way of a variety of measures, from initiating border seizure proceedings to asserting your rights in a full lawsuit.
Finally, we also provide a monitoring service with respect to IP right renewals all over the world and the payment of any renewal fees.
Our extensive experience not only in application procedures but also in defending trade mark rights and enforcing them in infringement proceedings enables us to offer you comprehensive, tailored advice and support in all areas of trade mark law.