Registration of trademarks, designs and utility models
The first step for effective IP management is the timely securing of registration rights such as trademarks, designs or utility models: it offers legal certainty and makes it considerably easier to enforce one’s own intellectual property rights. We advise on the choice of the right property title, on the application strategy and manage the registration of such rights.
International trademark applications
Anyone who wants to do business beyond the borders of their home country must learn about international trademark protection. There is no need for worldwide trademark protection, which also requires a considerable budget. We advise on the strategic questions of a sensible internationalisation of the trademark portfolio.
Infringements of industrial property rights often end in legal proceedings. Our lawyers with experience in litigation will defend you in court against attacks from trademarks, copyrights or designs or will enforce your claims from such rights against third parties in the German courts.
Registering trademarks without first searching for earlier third-party rights can have serious consequences. Not only is there a risk of total loss of all investments in trademark development, but also of third party claims. We conduct research for older rights at home and abroad in the run-up to trademark applications and take over the risk analysis.
Support of international trademark
Anyone who protects trademarks internationally is sometimes faced with unexpected legal questions, e.g. regarding the use of the trademark abroad in a way that will preserve the rights, strict trademark offices, earlier rights of third parties, enforcement of rights abroad. Through our international network of trademark specialists we are able to apply for and defend trademarks in all trademark jurisdictions and to enforce rights.
Brands require careful attention. If the trademark owner does not keep an eye on whether third parties have identical or similar trademarks protected, there is a risk that their own trademark will be diluted or that dangerous intermediate rights will prevent them from filing new applications. We set up a monitoring system in which we inform trademark owners about critical new applications and propose and implement appropriate measures against such applications.
When it comes to patent issues, we proceed as follows: our patent specialists will be pleased to help you with all questions concerning patent licensing agreements. If it comes to patent applications or the question of patentability of inventions, we cooperate with specialised patent lawyers who will support you in these matters.
Licensing law as a cross-sectional matter between IP and contract law has many pitfalls. A good licence agreement must not only take your exploitation interests into account in the best possible way, but also offer security in the event of infringement or even insolvency of one of the parties. We tailor contracts to your needs.
Know-how and protection of trade secrets
The new law on the protection of trade secrets strengthens the rights of those who have a lot of know-how but few industrial property rights. Our specialised lawyers will advise you on all questions relating to the protection of secrets, whether they concern contracts, an appropriate level of protection or the enforcement of rights against infringers.
Proceedings before the tradmark authorities
Whether registration proceedings, cancellation proceedings or opposition proceedings: We represent clients in all proceedings before the national (DPMA) or European trademark office (EUIPO). We can also represent our clients’ interests before foreign offices through our international network.
We provide advice on all questions concerning the transfer of IP rights. These require our expertise in M&A transactions, restructuring or insolvency proceedings and sometimes require complex contractual constructions.
We provide ongoing advice to one of the largest research institutions in Europe on intellectual property issues and represent this institution in disputes in the field of trademark, copyright and competition law.
We advise and represent companies from the fashion and fashion retail sector in the enforcement of industrial property rights and the protection of entrepreneurial personality rights, in particular in cases of infringing advertising on the Internet.
We advise an international technology company on the worldwide tendering of product designs and the acquisition of IP rights to selected designs.
We have successfully prohibited the interrogation of employees by a competitor for a client in the entertainment industry before the Higher Regional Court of Dresden, who wanted to use the information gained in parallel court proceedings against the client.
Blog Fashion & Law
is a contemporary legal manual for the modern creative curated by the trio Julia Holterhus, Philipp Redlich and Konstantin Berlage. This blog stands apart as the first of its kind in Germany, offering cutting edge legal analysis and authoritative essays on the synergy of law, fashion, art and design.