As the owner of a trademark, you are entitled to certain claims. We offer comprehensive and complete advice on your claims arising from domains and trademarks or trademarks registered in Germany, the EU or internationally.
Basically, your registered trademark entitles you to label your products accordingly. Furthermore, they have the right to take legal action against the subsequent registration of similar domains. Based on your claims arising from the domain or trademark, you are entitled to claims for injunctive relief and damages against third parties should they infringe your trademark due to their actions. Cancellation and recall claims based on the registered trademark or domain can also be considered, as can claims for information about the extent and origin.
If you already have a registered trademark, you have a right of opposition with respect to trademarks registered later. This opposition takes place in an opposition procedure specifically designed for trademark law.
The opposition procedure in trademark law provides that the opposition period starts from the day on which the respective conflicting trademark is published in the Trademark Journal and ends after 3 months. Subsequently, in the opposition proceedings under trademark law, it is examined whether any relative grounds for refusal exist. If the opposition proceedings are successful, the corresponding entry will be deleted from the register.
Opposition proceedings in trademark law may be sought particularly in cases where the opposition is based on an existing earlier trademark that is nearly identical or highly confusable. It goes without saying that our attorneys in the field of trademark law will provide you with complete and comprehensive advice.
Trademarks – also called identifiers – serve to distinguish the goods and services of one company from those of other companies. Customers often associate a distinctive trademark with their ideas about the company’s brand and identity as well of the quality of its products. That’s why trademarks influence consumers’ buying decisions every day. They can therefore, depending on trademark recognition and brand awareness, they can represent a considerable asset value and contribute significantly to the success of a company.
Opposition proceedings may be requested in trademark law in the case of relative grounds for refusal. In trademark law, a request for cancellation can be filed, among other things, in the case of absolute grounds for refusal.
If the three-month period for opposition proceedings has not been observed, the trademark owner of the earlier trademark may also file a request for cancellation by taking legal action.
However, the request for cancellation in trademark law is mainly considered in cases of revocation of an earlier trademark. The request for cancellation has a chance of success if the respective trademark owner has not made use of the trademark within an uninterrupted period of 5 years from the date of registration. The person concerned can also only excuse this if he or she can provide justified reasons for the non-use.In trademark law, a request for cancellation can be filed with a chance of success even in cases of malicious filing. A trademark application is assumed to be made in bad faith if the trademark application was made solely in order to impede the competition in an immoral manner.
In addition, it should be noted that the trademark cancellation request can also be filed by way of opposition proceedings.
Our Patent & Legal team supports you in opposition proceedings and cancellation applications.
Our patent attorneys and attorneys-at-law are specialized in trademark law and are at your disposal for all questions concerning priority searches, trademark applications up to the enforcement of your trademark rights in court.
To ensure that you do not lose sight of the business and tax aspects of your brands, our partners white ip | Business Solutions and white ip | Tax are at your disposal.
Our trademark attorneys specialized in trademark law file German, European and international trademark applications.
In the course of a trademark research, our lawyers will check whether your registration number has already been registered as a trademark in an identical or similar form.
If you find that your trademark rights have been infringed, our lawyers are at your disposal.
We represent your concerns in trademark law and help you to implement your entrepreneurial ideas.
Our lawyers assist with the preparation of brand reports when a product launch is imminent.
You build the future. We create the framework.
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