Intellectual Property
Our attorneys help clients in all facets of clearing, registering and maintaining these essential intellectual property assets.
We efficiently handle client trademark portfolios, copy rights and Designs and manage constantly applications and registrations in Germany, the European Union & worldwide. Outside Germany, we coordinate with a proven network of non-German lawyers and professionals in virtually every country in the world. Our deep understanding of patent practice and infringement cases in Germany helps clients to protect their inventions or to defend themselves against infringement accusations in Germany. Our copyright practice involves counseling clients on issues of copyrightability, infringement, licensing, ownership and title. We also provide counseling and transactional support to clients in connection with trademark, copyright, product, character, technology and patent licensing activities; transactional due diligence; and other commercial transactions involving intellectual property.
Special: Competition law after the German Act against unfair competition (UWG) may constitute an Intellectual property parallel to or even without a “standard” IP like a design patent or trademark. Products that are considered to a certain originality may have the same effect like an IP. Especially non-German clients are quite unfamiliar with this legal form. We have extensive experience in defending clients in this regard.
Our services include:
Clearance, Prosecution & Maintenance:
- Worldwide search and clearance of trademarks, copyrights and design patents
- Opinion letters concerning trademark availability and copyright title
- Strategic planning concerning German, European and international trademark, domain name, design patent and copyright protection and portfolios
- Filing and prosecution of German and European trademark and design applications; coordination with foreign associates to file and maintain registrations outside Germany
Counseling:
- Proper trademark usage
- Building a trademark portofolio
- Strategic usage of IP portofolios
- Drafting & Reviewing NDA, MOU, licensing agreements, Know-How transfer contracts
Transactions
- Due diligence for mergers and acquisitions
- Trademark, copyright and patent licensing
- Assignments
- Acquisitions & transfer of trademark and other IP portofolio
Enforcement:
- Out-of-court warnings
- Cease-and-desists claims
- Infringement Litigation in the federal courts
- Enforcing judgements
- Opposition and Cancellation Proceedings before the German Patent and Trademark office (DPMA) and the European Union Intellectual Property Office (EUIPO).
- Injunctions