Expert opinions that deal with the assessment of potential trade mark infringements are referred to as trademark opinions, infringement opinions or collision opinions. They are carried out to analyse and assess risks in the course of brand launches, transactions or trademark applications.
In essence, our team of lawyers examines whether the client’s trademark and labelling rights infringe the rights of third parties as part of the expert opinion. Conversely, it is also checked whether third parties may have infringed their own trade mark rights in order to assert claims against imitators if necessary.
A trade mark expert opinion checks whether there are similar or identical signs. Such a search is necessary because the risk of confusion increases with the growing number of trade mark applications and the introduction of further trade mark rights, which leads to an increase in potential trade mark infringements.
A preventive approach and in-depth examination prior to market launch are important to ensure that a newly developed trademark does not infringe the rights of third parties and to minimise the risk of trademark disputes.
A legal review of IP rights is also recommended in the context of corporate transactions or succession processes.
The following topics are usually taken into account in an injury report or collision report:
- Study of the relevant documents submitted by the client
- Personal consultation for open questions
- Research and evaluation of current case law
- Preparation of a legal opinion on possible collisions including identical and equivalent violations
- Notes on how to proceed
- Revision of the legal opinion in consultation with the client
Our attorneys usually prepare trade mark opinions in the run-up to a product launch or in connection with the marketing of a business idea or a new business model. In addition, our lawyers are involved in the preparation of expert opinions on trade mark law in the context of company acquisitions and sales, as the consideration of IP rights and thus also the legal and commercial examination and valuation of trade mark rights has become the norm in corporate transactions / mergers & acquisitions. Our patent attorneys and attorneys at law will support you reliably and professionally throughout the entire process:
- Preparation of expert opinions on trade mark law in connection with company succession,
- Preparation of expert opinions on trade mark law for company acquisitions,
- Preparation of expert opinions on trade mark law for the sale of companies,
- Preparation of brand appraisals for mergers & acquisitions.
Our lawyers are happy to advise you on the protection of your rights and their enforcement. We are pleased to meet you.
You build the future. We create the framework.