Restrictions under patent and trademark law

Furthermore, it must be noted that common symbols, logos or words often cannot be protected. If the intended name has already been registered with the patent office, a further entry may be possible if you are not operating in the same industry as the other owner of the name, and provided that it can be excluded that the good reputation of the existing trademark is intended to be exploited.

Symbols of trademark and copyright protection

Legal disputes regarding domain names often go back to trademark infringements. The utilisation of a name on its own can constitute a breach of trademark rights. On the other hand, domain names can enjoy protection under trademark law, and a registration as a trademark may be recommendable. Trademark infringements may also be caused by content and the design of a website, such as metatags.

Precautions

In order to avoid conflicts with the owner of the trademark, it is recommended to do research on existing trademark rights prior to using a name in a commercial context or registering a trademark. The utilisation of a protected name constitutes a significant risk regarding costs and cease-and-desist claims. The registration of a trademark with the competent patent and trademark office provides theowner of the trademark with trademark protection, i.e. with absolute protection rights. The registered trademark may develop into an intangible asset which can constitute a significant part of the value of a company.

Trademark registration

If you are planning to register a trademark, we will analyse the affected industry segment with regard to similar and/or protected trademarks. In case of new inventions which can be applied in commerce, we can register for patent and utility model protection as well as trademark protection, and will advise you with regard to additional options of protecting your rights against illegal utilisation by third parties. This can, for instance, be done by assessing identical internet sites under competition law aspects and by recording such sites. We will keep track of potential periods of limitation, and will represent you in out-of-court and court proceedings regarding written warnings, patent or trademark violations and disputes regarding cancellations or classifications.

Our services:

• Registration of trademarks
• Enforcement of trademark rights, in court and out of court
• Trademark infringements by domain names or website content
• Trademark infringements by plagiarism on the internet
• Research in the relevant trademark registers