Alongside patents and designs, trademarks, commercial designations and indications of geographical origin represent a further independent class of property rights and serve to identify the goods and/or services of one provider in distinction to those of other providers.
Signs that provide such an operational indication of origin for the claimed products/services and are not subject to any other obstacles to protection are eligible for protection as a trademark, commercial designation or indication of geographical origin, as the case may be. Signs eligible for protection can be, for example, individual words, word combinations, word/image combinations, pure images, but also abstract colors, holograms, multimedia signs and sounds.
Expertise
Trademark protection arises primarily as registered trademark protection, i.e. through the registration of an applied-for trademark in the register of the office responsible depending on the jurisdiction, for example the German Patent and Trademark Office (DPMA), the European Union Intellectual Property Office (EUIPO) in the case of EU trademarks (so-called Community trademarks) or the respective relevant offices of other jurisdictions, such as the USPTO for the USA. In addition, trademark protection can also arise as a result of acquired public recognition as a trademark within the affected trade circles due to intensive use in commercial transactions or through general recognition. In order to maintain trademark protection, the commercial use of the trademark must regularly be proven, as otherwise the trademark(s) may be revoked.
Within the framework of official or court proceedings (opposition, revocation, invalidity), action can also be taken against existing trademark applications or existing trademarks, for example in the event of a so-called collision, i.e., if there is or could be an identity or likelihood of confusion between an own trademark and an interfering trademark owned by a third party.
We are happy to advise and represent you comprehensively in this regard, be it in obtaining, maintaining, enforcing or defending trademarks or other signs. Where desired or legally required, particularly with regard to court proceedings, we work closely with experienced lawyers in the field of trademark law or, if desired, with representatives already chosen by you.
Whether you have questions about our services or need support in the area of intellectual property, don’t hesitate to contact us. Our dedicated team is ready to assist you with expertise and personalized advice.
