Trademark Law and IP Law
A strategy for protecting your proprietary rights that is tailored to your company’s needs is an effective – and cost-effective – method of ensuring an effective protection of intangible assets such as business ideas, inventions, developments, concepts, brands, trademarks and logos. The right strategy can often eliminate the risk of disputes with other market players. Even where this is not possible, you will have the legal means to defend your intellectual property rights against third-party infringements such as counterfeiting or the unauthorized use of your trademarks and logos.
We advise on how to develop a proprietary rights strategy and develop your property rights portfolio and identify your options in protecting your corporate assets. We represent you before official bodies and courts in all kinds of IP rights proceedings and provide assistance in asserting your IP rights in Germany and abroad, working with colleagues in foreign “best friends” law firms where necessary.
Market presence, particularly in marketing and sales of products and services, is subject to an extensive range of regulations and restrictions. It includes areas as diverse as advertising regulations and prohibitions, e-commerce and data protection regulations, consumer protection laws and provisions for avoiding unfair competition. The failure to comply may result in high fines or legal dispute with competitors, official bodies, consumer protection organizations or professional associations.
A trademark can protect your products and services from the very beginning, and ideally even before they are launched. This also protects your investment by avoiding costly rebranding and repackaging measures, but also recall measures. Even if competitors have invested significant marketing resources in copycat products, you can put them in their place with the help of trademark protection. We advise you from the start on whether the envisioned name can be protected and also on the opportunities for comprehensive trademark protection for both protected territories (DE, EU or global) and the various forms of marks (word trademark, image trademark, word/image trademark, color trademark, sound trademark, etc.) or other proprietary rights (e.g. design for an individual layout or get-up, corporate design). Before using a name for a company or a certain product, the index of similar names should be studied carefully to avoid branding collision. We can support you here as well by searching trademark registers and evaluating the findings so that you are able to make a meaningful decision. After your products and services have been fully protected in terms of the attribution of their name and design, we will of course assist you in monitoring the protection of your trademark, managing registered trademarks and efficiently prosecuting trademark infringements.
- We assess the legal aspects and risks of your market presence and market strategies
- We work with you to develop and design suitable strategies and campaigns to avoid risks from the outset or manage existing risks
- In conflicts with competitors, organizations or official bodies, we act on your behalf in and out of court, whether you are the subject of third-party attack or aim to prevent other market players from engaging in unfair competition
- In our blog on trademark law at www.blog-markenrecht.de you will find additional information on trademarks, rulings and current events relating to all aspects of trademark law
THE SPECIALISTS AT TCI RECHTSANWÄLTE FOR Trademark Law and IP Law ARE
Stephan Breckheimer, LL.M.
Partner, certified specialist for copyright and media law, certified specialist for employment law
Dr. Olaf Griebenow
Dr. Truiken J. Heydn
Partner, certified specialist for information technology law
Partner, certified specialist for information technology law and intellectual property law
How we work
- Development of pragmatic, entrepreneurially based solutions
- Solutions tailored to your company, applying standards wherever possible
- On request, direct collaboration with responsible staff and specialist divisions of your company, thus easing the workload of your legal department
- Close collaboration with further experts, e.g. patent attorneys, foreign law firms and experts, where required
How we excel
- Many years of expertise in the design of customized IP rights strategies, management of IP rights portfolios (particularly in the field of trademarks and other designations) and enforcement and defense of IP rights in and out of court (including domain dispute procedures such as ADR according to eurid.eu, UDRP procedures, etc.)
- Extensive expertise in managing out-of-court trademark disputes for both plaintiffs and defendants
- Fast response times and the necessary flexibility to take rapid action, e.g. in the event of injunctions or sudden changes to advertising campaigns
- Network of law firms in other European countries, the United States and Canada for international cases
- Special technical expertise in the areas where IP and IT overlap so that infringements can be comprehended and prosecuted quickly, including Web 2.0
What we can do for you
- Assess whether your corporate assets such as business ideas, inventions, developments, concepts, trademarks, brands, logos, titles, domain names and other marks and signs, advertising material and marketing strategies can be protected
- Register IP rights (marks, designs) and management of registration with national and international bodies and organizations (in cooperation with local colleagues where necessary)
- Monitor trademarks and other marks and signs
- Review and draft contracts of all kinds related to proprietary rights:
- Licensing agreements, including franchise agreements
- Agreements concerning the purchase or transfer of proprietary rights
- Trademark delimitation agreements to solve disputes over proprietary rights (trademark issues)
- Contracts and agreements with designers, developers and other providers of creative works
- Employment contracts with designers, developers and other providers of creative works
- Review and advise on the design of distribution strategies, marketing and advertising campaigns and activities of all kinds for conventional and new media
- Conduct out-of-court processes with the aim of avoiding lawsuits
- Conduct litigation before German courts and assist in litigation before foreign courts in close collaboration with foreign law firms