Our consultancy work is competent and comprehensive: we are particularly well placed to detect and eliminate concealed risks in brand development at an early stage, because we also undertake trademark searches and issue expert opinions. With us you will always be on the safe side regarding questions of trademark law.
Our work in the field of trademark law focuses on the
- Assertion of trademark rights out of court and before the courts in cases of trademark infringements by third parties (defence of trademarks, warnings, injunctions);
- Defence against claims under trademark law in cases of unjustified assertion of trademark rights (particularly unjustified warnings);
- Drafting and conclusion of licence agreements for the use of existing trademark rights by third parties or for the use of third-party trademarks (trademark licences);
- Examination of the eligibility of a logo as a trademark;
- Search for possible existing conflicting marking rights;
- Trademark registration (German and Community marks) at the responsible trademark offices;
- Representation of trademark law interests before trademark offices (e.g. completion of trademark registration or deletion of third-party marks);
- Trademark opposition proceedings;
- Pursuit of product piracy;
- Drafting and conclusion of demarcation agreements to avoid potential disputes with third-party mark proprietors;
- Advice on monitoring goods and service sectors for potential mark infringements by third parties;
- Representation in administrative proceedings and institution of opposition proceedings against third-party mark registrations;
- Defence against criminal prosecutions by the state for offences under the German Trademarks Act (MarkenG) (Sections 143, 143a, 144 and 145 MarkenG).
ab&d Rechtsanwälte protect marks in Germany, Europe and beyond. We check the eligibility of a desired mark for protection under the Trademarks Act and the Community Trademark Regulation (GMVO), particularly for the necessary distinguishing force and a potential need to keep the use of the mark free. We carry out trademark searches to establish whether there are older third-party rights to the desired mark. Finally, we support the entire registration and entry procedure and represent the interests of the applicant and mark proprietor in any potential opposition, appeal or objection proceedings before trademark offices and the responsible courts (e.g. the Patent Court).
Once a mark has been registered successfully, we can advise you on the necessary protective measures, which include, for example the assertion of your mark rights in the event of infringement by a third party (e.g. by issuing a warning or applying for an injunction), in court and out of court.