Trademarks have long ennobled a particular product or service. A brand-name item is more than a no-name product. Potential trademarks include a company name or acronym - as well as all its products - or even names that differ from that of the company - for example word marks, figurative marks and combined word/figurative marks, or even new trademark forms such as three-dimensional trademarks, sound trademarks, color trademarks, etc. Trademark protection is regulated by the Trademark Law (Markengesetz (MarkenG)) and provides a very effective and - by means of provisional injunction - easily enforceable protection against product piracy and counterfeit (e.g., an imitation Rolex, which would be worthless without the trademark logo Rolex on the watch face) for an indefinite period of time. This type of protection also applies after the patent or utility model protection for the technology behind a particular product has expired.
Trademark protection can only be achieved in most countries by formally registering it, though up to three different trademark systems compete against each others in certain countries, though these systems may be combined. In this area it’s particularly important to develop a strategy that affords the optimal level of protection for the lowest cost.
Trademark law has long been one of our main focuses in our role as legal council. As such, we provide clients with a comprehensive range of services in all matters related to trademark law, in particular conducting research, evaluating suitability for a trademark, implementing trademark applications in the course of official examination proceedings, enforcing trademark rights with respect to infringing parties and especially providing advise on establishing domestic and international trademark portfolios.
We provide consultations on utilizing overlapping trademark right systems for the purpose of obtaining the most cost-effective protection possible for a particular geographic area on a client-by-client basis. A great number of our clients have us monitor their trademark rights domestically or internationally to the desired extent, as identifying infringements at an early stage helps contain costs. In generating trademarks for our clients, we work closely with a number of other companies who specialize in this area.