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Dr. Tobias Maier, Partner

Trademark and design law in Germany

Depending on how established and distinctive a trademark, label or design is, it will constitute an asset of your company and may exist on a German, European and international level. The registration, administration and monitoring of such protective rights, however, requires significant effort especially for major companies with numerous trademarks, labels or designs. We therefore support you in the entire process from finding a name and the registration to the protection of your trademark(s), label(s) or design(s) in case of infringements by third parties, whether on a national or international level.

Legal advice on trademark and design law

Generally, the geographical scope of protection of e.g. a trademark initially applies for the territory of the country in which it was registered in the trademark register. It is therefore of particular importance already upon registration of a trademark to define the expected territorial scope of protection as a future trademark owner. We will carry out the prior research as well as the subsequent registration of protective rights such as trademarks, labels or designs for you for the German (DMPA), the European (EUIPO) and/or the international (WIPO) territories for you. From then onwards, we will manage your (trademark) portfolio and monitor any registrations of protective rights by third parties which might conflict with trademarks, labels or utility models of your company.

Furthermore, we will advise you regarding the negotiation and contractual arrangements to grant rights of use with respect to your labels, trademarks or designs if you, as a company, protective rights holder, designer or author, wish to protect your achievements while at the same time making them (partly) available to third parties for commercialisation.

In case of contentious proceedings, we will work together with you to develop cost-efficient solutions, representing you vis-à-vis authorities as well as in and out of court, and help you to achieve amicable dispute resolutions.

Main areas of advice in trademark and design law

  • Trademark compliance
  • Trademark strategies and management of trademark portfolios
  • Utility model, trademark and design infringement proceedings, including preliminary injunction proceedings
  • Deletion proceedings (trademarks, designs, utility models)
  • Unfair business practices in the form of trademark and domain infringements or passing off