A trademark license allows licensees to use the trademark for their own products. Licenses may be registered in the Trademark Register. It is recommended to conclude written licensing agreements.

License analogy is a method of computing damages to be paid by the infringer in case of trademark infringement.

Trademark owners may assert a number of claims under trademark law not only against identical trademarks, but also against similar trademarks if there is likelihood of confusion on the part of the relevant public.

There is likelihood of confusion if the marks to be compared and the goods/services to be compared are identical or similar.

Locarno Classification is an international classification used for the purposes of the registration of industrial designs. When applying for a design, the Locarno classes must be specified.

A logo may be registered as a figurative mark or word/figurative mark. Where applicable, additional protection as a design is useful.

Trademark owners may assert various claims against infringers, including damages in the form of lost profits.

In 1891, the “Madrid Agreement Concerning the International Registration of Marks” was concluded, which made international registrations of trademarks (IR trademarks) possible.

Products are frequently marked with several trademarks, for example with a main trademark (usually the company trademark identical with the company name) in combination with a sub-trademark, which refers to the individual product.

Trademarks can enjoy protection as a national trademark in a country, e.g., a German trademark in Germany.

The Nice Classification is an international classification of goods and services for which a trademark is applied for. The classification is based on 34 classes of goods and 11 classes of services.

see TM or ®

There are various Offices worldwide with competence for the examination and administration of trademarks.

OHIM is responsible for managing the European Union Trade Mark and the registered Community design.

In 1994, the Office for Harmonization in the Internal Market (OHIM) was established to uniformly manage intellectual property rights across the EU. OHIM allows you to secure rights to trademarks and designs with protection throughout the European Union.

Since March 23, 2016, the Office for Harmonization in the Internal Market (OHIM) has been renamed European Union Intellectual Property Office (EUIPO).

The Trademark Office will start examining the application only after payment of the official fees.

see Harmonization Office

OHIM has been renamed EUIPO on March 23, 2016.

Owners of earlier rights (e.g., trademarks or company signs) may file an opposition against trademark applications with a younger filing date to have these trademarks cancelled or refused.

see Research

Signs registered as plant variety denominations are not registrable as trademarks.

Preliminary injunctions serve to quickly enforce a claim, such as a cease and desist order in cases of trademark infringement. Preliminary injunctions can be obtained within a few days. They therefore represent a very “sharp sword” against trademark infringers.

The effect of claiming priority is that the filing date of a trademark is not determined by the date of filing of the application for this trademark, but by the date of filing of an application of another earlier trademark.

If all necessary data for the registration is available, we will file the application within 1 business day.

Obstacles to protection are reasons that prevent the registration of a trademark application. After the application is filed, the Trademark Office examines whether there are any obstacles to protection. If there are any obstacles to protection or if same remain after counter-arguments have been filed, the application is rejected. The most common objection to trademark applications is that the trademark is descriptive of goods/services or will not be understood as an indication of origin for other reasons.

A protective brief is deposited online at a central location (the protective brief register), which is accessed by all German courts.

If you fear that an application for a preliminary injunction will be filed against you, you may submit your arguments with a protective writ as a precautionary measure so that the court takes into account not only the applicant’s arguments but also your arguments.