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Trademark law and the protection of a brand or company name are important not only for established companies, but also for founders. Both before launching a new product and when founding a new company or as part of a rebranding effort, trademark registration should be considered as early as possible. It's best to consider a trademark similarity search when choosing a name or in the pre-foundation phase in order to prepare and register the most secure trademark possible. Protecting several name candidates can also be useful, allowing you to have a backup trademark in case of an attack. A trademark attorney will support you in finding the right brand name and examine the national and international viability of your name.
Trademark law and the protection of a brand or company name are important not only for established companies, but also for founders. Both before launching a new product and when founding a new company or as part of a rebranding effort, trademark registration should be considered as early as possible. It's best to consider a trademark similarity search when choosing a name or in the pre-foundation phase in order to prepare and register the most secure trademark possible. Protecting several name candidates can also be useful, allowing you to have a backup trademark in case of an attack. A trademark attorney will support you in finding the right brand name and examine the national and international viability of your name.
If someone is exploiting your brand's reputation and copying it, I would be happy to support you. Depending on the situation, various options for defending your brand may be available, such as a cease-and-desist letter or a request for authorization, but also an injunction or legal action. If the challenge concerns an existing trademark registration or trademark application, you can defend yourself with opposition proceedings or various cancellation procedures.
If a third party sends you a warning letter alleging trademark infringement, I will support you with all the legal means available under trademark law. Often, the trademark on which the third party bases their warning letter has vulnerabilities. I will examine the vulnerability of the trademark and your options for defending yourself against the warning letter.
If a third party sends you a warning letter alleging trademark infringement, I will support you with all the legal means available under trademark law. Often, the trademark on which the third party bases their warning letter has vulnerabilities. I will examine the vulnerability of the trademark and your options for defending yourself against the warning letter.
Trademark law is part of the field of trademark law and is classified as intellectual property law. The most important legal norms are contained in the Trademark and Other Distinctive Marks Act (MarkenG), which applies to German trademarks, and the European Union Trademark Regulation (EU Trademark Regulation). In addition, the Madrid Agreement on the International Registration of a Trademark (MMA) and the Protocol to the Madrid Agreement on the International Registration of a Trademark (PMMA) contain regulations governing the international registration of a trademark (IR trademark). Foreign laws also play a role, at least when it comes to trademarks protected abroad. Different legal systems exist here, with regulations that differ from those under German trademark law.
In some cases, trademark law overlaps with other areas of law. These include, in particular, the Unfair Competition Act (UWG), which can particularly apply to product imitations, but also design law and copyright law.
Do you want to protect your trademark in Europe? Has another company copied your German, EU, IR, or foreign trademark? As a trademark attorney, I can help you with comprehensive trademark protection.
The term "trademark" encompasses so-called registered trademarks (trademarks filed and registered with a trademark office, such as the German Patent and Trademark Office (DPMA)), trademarks acquired through use and common usage, and well-known trademarks. Also relevant to trademark law are so-called "commercial names," which include company logos and work titles. "Geographical indications of origin," which are regulated by trademark law, are not genuine individual rights. The applicable regulations provide protection against misleading advertising.
All signs, in particular words, including personal names, images, letters, numbers, sounds, three-dimensional designs, including the shape of a product or its packaging, and other packaging, including colours and colour combinations, which are capable of distinguishing the goods or services of one undertaking from those of other undertakings can be protected as a trademark.
Registered trademarks can be owned by natural persons, legal entities, or partnerships. A business operation is not required. Therefore, any private individual can own trademark rights.
Is registering a trademark beneficial to you? Gain legal certainty and consult with me as a trademark attorney!
Before registering a trademark, you or your company should conduct a comprehensive trademark search. This will determine whether there are already older, similar, or identical trademarks, which could potentially pose a risk of third-party attacks, such as opposition proceedings or cease-and-desist letters. The German Patent and Trademark Office (DPMA), which is responsible for German trademarks, and the EUIPO, which is responsible for EU trademarks, do not check for the existence of prior rights. However, there are trademark offices abroad that check whether confusingly similar trademarks already exist, such as the USPTO, which is responsible for US trademarks.
A trademark will only be registered by the trademark office if it has distinctive character, meaning, in particular, it is not and cannot be considered to be customary in advertising or purely descriptive. The chosen trademark must be suitable for identifying the goods and services it claims as originating from a specific company. Otherwise, a so-called "absolute grounds for refusal" exists. The background to the regulations surrounding distinctive character is the protection of the general public from unjustified legal monopolies. The assessment of distinctive character is clear for indications that have a descriptive conceptual content that is readily and unambiguously recognized as such. It is more difficult with non-directly descriptive but factually relevant indications or signs. In individual cases, it is often disputed whether the public can perceive this as an indication of commercial origin or not, and whether the corresponding trademark is eligible for protection. As a trademark attorney, I will examine your trademark's chances of registration and how we can improve them.
A trademark is registered for specific goods and services, which are classified into so-called "classes" (product categories). Here, it is important to describe your company's product or its services as precisely as possible. Not only complementary goods and services play a role, but also the correct naming of the products. Mistakes are often made here. It is often not easy to classify the respective products correctly without a trademark lawyer. For example, a distinction must be made between the trade in specific products (e.g., T-shirts through an online shop) and the products themselves, i.e., retail services and goods. Software can also be classified as a good because it is downloadable, but also as a service if it is made available in a cloud.
Would you like to register your trademark? I can conduct trademark research and advise you on all aspects of registering your trademark. This way, you can avoid future conflicts and high costs.
The German Patent and Trademark Office (DPMA) in Munich is responsible for the application and thus the registration of a German trademark. The application costs €290 electronically and €300 by mail. This fee includes three trademark classes (product categories). Each additional trademark class is charged at €100. The trademark classes are based on the so-called Nice Classification, which comprises 45 classes for the respective goods and services.
After a successful review of the protectability of your trademark and the absence of absolute grounds for refusal as well as the list of goods and services, the trademark owner receives a certificate and the registration is published.
Older trademarks now have the opportunity to file an opposition. The opposition must be filed three months after registration, and a fee of €250 is charged. If the opposition is successful, the trademark will be cancelled. Otherwise, trademark protection is valid for ten years from the date of registration and can be renewed thereafter for a fee.
For cross-border protection, your company can also register your trademark with the European Union Intellectual Property Office (EUIPO) for the entire EU. The trademark registration is done online.
The cost of an online application starts at €850 for one class. The second class costs €50, and each additional class costs €150. Owners of earlier trademarks and other distinctive signs can also file an opposition with the EUIPO. The opposition period begins with the publication of your trademark application and is also three months. If the opposition is admissible, the EUIPO will inform the parties. They have two months to prepare for the conflict or to resolve it. This period can also be extended by the parties.
If the trademark is registered, the protection applies throughout the European Union. Outside of the member states, such as Switzerland or, since Brexit, the United Kingdom, the protection does not apply.
If you want to protect your trademark abroad, filing an International Registration (IR trademark) may be a good idea. Using a basic trademark (German or EU trademark) and the trademark office responsible for this basic trademark, the IR trademark can be submitted to WIPO. There, you can claim specific countries where you require protection. The costs depend on which countries are claimed. Depending on the circumstances, it may make sense to register individual national trademarks abroad rather than an IR trademark. This can be achieved through collaboration with foreign colleagues in the field of trademark law.
As the owner of a trademark, you hold the exclusive rights to use and exploit your trademark. Consequently, trademark infringement occurs if third parties use your protected trademark or a similar trademark for identical or similar goods or services without your consent. As the owner of a trademark, you can prohibit third parties from using the trademark in commercial transactions. You can also oppose the registration of a similar or identical trademark. As the owner of a well-known trademark, you can take legal action against a trademark even if there is insufficient similarity, at least if the relevant public mentally associates the trademarks being compared.
Apple has contested the trademark registration of its Chinese competitor Xiaomi, the "Mi Pad." The General Court of the European Union ruled in Apple's favor: The name "Mi Pad," registered for tablet computers, was not registered as an EU trademark because there was a likelihood of confusion between the trademarks "iPad" and "Mi Pad." The trademarks "exhibit a high degree of similarity. IPAD is fully contained within MI PAD; the signs share the letter sequence 'ipad,' and differ only by the additional letter 'm' at the beginning of MI PAD," the court stated. The court also found the signs to be phonetically similar.
Years ago, Puma sued designer Thomas Horn over a T-shirt featuring a leaping poodle. Puma owns the German word-image trademark containing the lettering "Puma" and the famous trademark "sprungende Raubkatze" (jumping big cat). Thomas Horn attempted to protect a design of a "jumping poodle" inspired by the "jumping big cat." In doing so, Thomas Horn exploited the distinctive character and reputation of the well-known "jumping big cat" trademark. The relevant public associated the trademarks with each other, according to the Federal Court of Justice. This caused the "jumping poodle" trademark to gain attention it would not otherwise receive. Puma was therefore entitled to demand that the "jumping poodle" trademark be removed from the trademark register.
Unsure whether your rights as a trademark owner have been infringed? I'd be happy to provide you with a personalized assessment!
If a trademark infringement has occurred, you can take action by issuing a cease and desist letter as a first step. First, I can issue a cease and desist letter to my competitor. Only the trademark owner or, in individual cases, an authorized licensee may issue a cease and desist letter. The cease and desist letter must precisely state the disputed trademark use and clearly and unambiguously identify the infringement. The trademark infringer must know exactly what must be stopped and what must be avoided in the future. Typically, a cease-and-desist declaration with penalty clause is attached to the cease and desist letter, which the trademark infringer can use. Alternatively, the infringer can formulate their own cease-and-desist declaration, which must, however, cover the specific conduct complained of and stipulate a contractual penalty. In the cease and desist letter, the trademark infringer is also requested to provide information about the extent of the trademark infringement, for example, how many infringing products were sold and who is the supplier or manufacturer of the infringing products. The extent of the trademark infringement is important for calculating the trademark owner's claim for damages.
If the person receiving the warning signs the cease-and-desist declaration and subsequently uses the disputed trademark again, the trademark owner can impose appropriate contractual penalties.
Do you want to send a warning letter to your competitor? Drafting a warning letter and cease-and-desist declaration presents numerous legal challenges. I'd be happy to help!
If your cease-and-desist letter is ignored or the infringer refuses to provide a cease-and-desist declaration, you can take legal action. If the matter is urgent, you may consider filing a preliminary injunction; in other cases, you may want to file a lawsuit.
With interim injunction proceedings (expedited proceedings), you can ensure that the alleged trademark infringement is stopped as quickly as possible. The proceedings are so speedy because the judges can decide without a hearing.
By filing a lawsuit, you can not only demand an injunction, but also assert your claims for information and damages.
Lawsuit for trademark infringement? I would be happy to represent you in court.
Trademark law is part of the field of trademark law and is classified as intellectual property law. The most important legal norms are contained in the Trademark and Other Distinctive Marks Act (MarkenG), which applies to German trademarks, and the European Union Trademark Regulation (EU Trademark Regulation). In addition, the Madrid Agreement on the International Registration of a Trademark (MMA) and the Protocol to the Madrid Agreement on the International Registration of a Trademark (PMMA) contain regulations governing the international registration of a trademark (IR trademark). Foreign laws also play a role, at least when it comes to trademarks protected abroad. Different legal systems exist here, with regulations that differ from those under German trademark law.
In some cases, trademark law overlaps with other areas of law. These include, in particular, the Unfair Competition Act (UWG), which can particularly apply to product imitations, but also design law and copyright law.
Do you want to protect your trademark in Europe? Has another company copied your German, EU, IR, or foreign trademark? As a trademark attorney, I can help you with comprehensive trademark protection.
The term "trademark" encompasses so-called registered trademarks (trademarks filed and registered with a trademark office, such as the German Patent and Trademark Office (DPMA)), trademarks acquired through use and common usage, and well-known trademarks. Also relevant to trademark law are so-called "commercial names," which include company logos and work titles. "Geographical indications of origin," which are regulated by trademark law, are not genuine individual rights. The applicable regulations provide protection against misleading advertising.
All signs, in particular words, including personal names, images, letters, numbers, sounds, three-dimensional designs, including the shape of a product or its packaging, and other packaging, including colours and colour combinations, which are capable of distinguishing the goods or services of one undertaking from those of other undertakings can be protected as a trademark.
Registered trademarks can be owned by natural persons, legal entities, or partnerships. A business operation is not required. Therefore, any private individual can own trademark rights.
Is registering a trademark beneficial to you? Gain legal certainty and consult with me as a trademark attorney!
Before registering a trademark, you or your company should conduct a comprehensive trademark search. This will determine whether there are already older, similar, or identical trademarks, which could potentially pose a risk of third-party attacks, such as opposition proceedings or cease-and-desist letters. The German Patent and Trademark Office (DPMA), which is responsible for German trademarks, and the EUIPO, which is responsible for EU trademarks, do not check for the existence of prior rights. However, there are trademark offices abroad that check whether confusingly similar trademarks already exist, such as the USPTO, which is responsible for US trademarks.
A trademark will only be registered by the trademark office if it has distinctive character, meaning, in particular, it is not and cannot be considered to be customary in advertising or purely descriptive. The chosen trademark must be suitable for identifying the goods and services it claims as originating from a specific company. Otherwise, a so-called "absolute grounds for refusal" exists. The background to the regulations surrounding distinctive character is the protection of the general public from unjustified legal monopolies. The assessment of distinctive character is clear for indications that have a descriptive conceptual content that is readily and unambiguously recognized as such. It is more difficult with non-directly descriptive but factually relevant indications or signs. In individual cases, it is often disputed whether the public can perceive this as an indication of commercial origin or not, and whether the corresponding trademark is eligible for protection. As a trademark attorney, I will examine your trademark's chances of registration and how we can improve them.
A trademark is registered for specific goods and services, which are classified into so-called "classes" (product categories). Here, it is important to describe your company's product or its services as precisely as possible. Not only complementary goods and services play a role, but also the correct naming of the products. Mistakes are often made here. It is often not easy to classify the respective products correctly without a trademark lawyer. For example, a distinction must be made between the trade in specific products (e.g., T-shirts through an online shop) and the products themselves, i.e., retail services and goods. Software can also be classified as a good because it is downloadable, but also as a service if it is made available in a cloud.
Would you like to register your trademark? I can conduct trademark research and advise you on all aspects of registering your trademark. This way, you can avoid future conflicts and high costs.
The German Patent and Trademark Office (DPMA) in Munich is responsible for the application and thus the registration of a German trademark. The application costs €290 electronically and €300 by mail. This fee includes three trademark classes (product categories). Each additional trademark class is charged at €100. The trademark classes are based on the so-called Nice Classification, which comprises 45 classes for the respective goods and services.
After a successful review of the protectability of your trademark and the absence of absolute grounds for refusal as well as the list of goods and services, the trademark owner receives a certificate and the registration is published.
Older trademarks now have the opportunity to file an opposition. The opposition must be filed three months after registration, and a fee of €250 is charged. If the opposition is successful, the trademark will be cancelled. Otherwise, trademark protection is valid for ten years from the date of registration and can be renewed thereafter for a fee.
For cross-border protection, your company can also register your trademark with the European Union Intellectual Property Office (EUIPO) for the entire EU. The trademark registration is done online.
The cost of an online application starts at €850 for one class. The second class costs €50, and each additional class costs €150. Owners of earlier trademarks and other distinctive signs can also file an opposition with the EUIPO. The opposition period begins with the publication of your trademark application and is also three months. If the opposition is admissible, the EUIPO will inform the parties. They have two months to prepare for the conflict or to resolve it. This period can also be extended by the parties.
If the trademark is registered, the protection applies throughout the European Union. Outside of the member states, such as Switzerland or, since Brexit, the United Kingdom, the protection does not apply.
If you want to protect your trademark abroad, filing an International Registration (IR trademark) may be a good idea. Using a basic trademark (German or EU trademark) and the trademark office responsible for this basic trademark, the IR trademark can be submitted to WIPO. There, you can claim specific countries where you require protection. The costs depend on which countries are claimed. Depending on the circumstances, it may make sense to register individual national trademarks abroad rather than an IR trademark. This can be achieved through collaboration with foreign colleagues in the field of trademark law.
As the owner of a trademark, you hold the exclusive rights to use and exploit your trademark. Consequently, trademark infringement occurs if third parties use your protected trademark or a similar trademark for identical or similar goods or services without your consent. As the owner of a trademark, you can prohibit third parties from using the trademark in commercial transactions. You can also oppose the registration of a similar or identical trademark. As the owner of a well-known trademark, you can take legal action against a trademark even if there is insufficient similarity, at least if the relevant public mentally associates the trademarks being compared.
Apple has contested the trademark registration of its Chinese competitor Xiaomi, the "Mi Pad." The General Court of the European Union ruled in Apple's favor: The name "Mi Pad," registered for tablet computers, was not registered as an EU trademark because there was a likelihood of confusion between the trademarks "iPad" and "Mi Pad." The trademarks "exhibit a high degree of similarity. IPAD is fully contained within MI PAD; the signs share the letter sequence 'ipad,' and differ only by the additional letter 'm' at the beginning of MI PAD," the court stated. The court also found the signs to be phonetically similar.
Years ago, Puma sued designer Thomas Horn over a T-shirt featuring a leaping poodle. Puma owns the German word-image trademark containing the lettering "Puma" and the famous trademark "sprungende Raubkatze" (jumping big cat). Thomas Horn attempted to protect a design of a "jumping poodle" inspired by the "jumping big cat." In doing so, Thomas Horn exploited the distinctive character and reputation of the well-known "jumping big cat" trademark. The relevant public associated the trademarks with each other, according to the Federal Court of Justice. This caused the "jumping poodle" trademark to gain attention it would not otherwise receive. Puma was therefore entitled to demand that the "jumping poodle" trademark be removed from the trademark register.
Unsure whether your rights as a trademark owner have been infringed? I'd be happy to provide you with a personalized assessment!
If a trademark infringement has occurred, you can take action by issuing a cease and desist letter as a first step. First, I can issue a cease and desist letter to my competitor. Only the trademark owner or, in individual cases, an authorized licensee may issue a cease and desist letter. The cease and desist letter must precisely state the disputed trademark use and clearly and unambiguously identify the infringement. The trademark infringer must know exactly what must be stopped and what must be avoided in the future. Typically, a cease-and-desist declaration with penalty clause is attached to the cease and desist letter, which the trademark infringer can use. Alternatively, the infringer can formulate their own cease-and-desist declaration, which must, however, cover the specific conduct complained of and stipulate a contractual penalty. In the cease and desist letter, the trademark infringer is also requested to provide information about the extent of the trademark infringement, for example, how many infringing products were sold and who is the supplier or manufacturer of the infringing products. The extent of the trademark infringement is important for calculating the trademark owner's claim for damages.
If the person receiving the warning signs the cease-and-desist declaration and subsequently uses the disputed trademark again, the trademark owner can impose appropriate contractual penalties.
Do you want to send a warning letter to your competitor? Drafting a warning letter and cease-and-desist declaration presents numerous legal challenges. I'd be happy to help!
If your cease-and-desist letter is ignored or the infringer refuses to provide a cease-and-desist declaration, you can take legal action. If the matter is urgent, you may consider filing a preliminary injunction; in other cases, you may want to file a lawsuit.
With interim injunction proceedings (expedited proceedings), you can ensure that the alleged trademark infringement is stopped as quickly as possible. The proceedings are so speedy because the judges can decide without a hearing.
By filing a lawsuit, you can not only demand an injunction, but also assert your claims for information and damages.
Lawsuit for trademark infringement? I would be happy to represent you in court.
When receiving a trademark warning, it's crucial to take it seriously and act quickly. Even if you're not aware of any unlawful behavior, the careless use of someone else's trademark or its coincidental similarity to another trademark can constitute trademark infringement, entitling the opposing party to issue a warning. If you've received a warning, you should consult with a trademark attorney to determine whether the regularly required cease-and-desist declaration should be submitted, and if so, to what extent and with what wording. Under certain circumstances, the matter can also be resolved amicably, for example, with a demarcation agreement. It's good to know whether, and if so, to what extent, the trademark of the person issuing the warning might be vulnerable.
If you receive a warning letter, it is essential to seek advice from a trademark lawyer.
Have you received a cease and desist letter? Let me, as a trademark attorney, review the letter.
In the area of trademark law, I represent you in the following matters:
Are you planning to have a demarcation agreement drawn up? Have you received a cease and desist letter? Let me advise you as a trademark attorney!
A trademark can exist as a registered trademark (registered trademark), a right acquired through use (use mark), or a well-known trademark. Trademark law also protects commercial designations such as company logos and work titles. Geographical indications of origin are only protected against misleading claims.
Trademarks can take various forms, including words, names, images, letters, numbers, sounds, three-dimensional designs, and colors and color combinations – the key is their ability to distinguish one company's goods or services from those of others.
Trademark law regulates the protection of trademarks Trademark law is part of the field of trademark law and is a component of intellectual property law. In Germany, it is governed by the Trademark Act (MarkenG), and for EU trademarks by the Union Trademark Regulation. International trademark registrations are governed by the Madrid Agreement on Trademarks (MMA) and its Protocol (PMMA). For foreign trademarks, the respective national laws apply. There are also overlaps with other areas of law, such as competition law (UWG), particularly regarding product imitations, as well as design and copyright law.
My work as a lawyer covers the entire process of trademark registration: trademark research, registration, and investigation and action against trademark infringement.
The German Patent and Trademark Office (DPMA) is responsible for registering a national German trademark. The European Union Intellectual Property Office (EUIPO) can register trademarks for all 27 EU member states. The World Intellectual Property Organization (WIPO) is responsible for the international protection of trademarks. Trademarks can also be registered abroad with the respective national trademark offices.
The most common types of trademarks include word marks, figurative marks, and word/figurative marks. In addition, numbers, sounds, three-dimensional designs, including the shape of a product or its packaging, and other presentations, including colors and color combinations, can be protected.
A trademark infringement occurs when third parties use a protected trademark in an identical or confusingly similar form without the owner's consent, for similar or identical goods and services. The trademark owner has the right to prohibit this third party from using the trademark in the course of trade.
Document the facts and contact a lawyer as soon as possible. If you act quickly, you can still file for an injunction after issuing a warning to the trademark infringer. Certain internet platforms will take action against trademark infringements and remove content upon application. With my support, you can send the infringer a warning and demand a cease-and-desist declaration. Finally, you also have the option of taking legal action.
The costs for trademark protection depend on the countries in which you want to register your trademark and for how many classes of goods and services. The most affordable option is an online application for up to three Nice classes at the German Patent and Trademark Office (DPMA) for €290. An application valid throughout the EU starts at €850 at the EUIPO. If you hire a lawyer, legal fees will apply.
With trademark monitoring, you'll be alerted early on to trademark applications that infringe your trademark rights. You can defend yourself against the registration with an opposition procedure. Without monitoring, there's a risk of dilution of your trademark, which can lead to a loss of value and also cause difficulties in trademark disputes.
Trademark protection is important to preserve the strength and reputation of a brand. A registered trademark is intended to prevent other companies from using similar marks that could cause consumer confusion. It thus protects the brand owner's investment and intellectual property.
Mon – Fri 08:30 – 18:00