Trademark registration: Protect your idea by registering it

As a law firm serving start-ups and various other types of enterprises, we can properly register your trademarks on your behalf, both in Germany as well as in the rest of Europe. It is vital for your enterprise to be able to protect its goods and services against competitors by asserting its proprietary rights. In this way, you will claim exclusive title to the trademark you are using while at the same time prohibiting third parties from using marks that are the same as yours or similar to it. In order to provide your company with legal certainty in this area, we will first research the trademark you intend to use and will subject it to review. This done, we will take care of registering the trademark with the German Patent and Trademark Office (DPMA) or with the European Office for Harmonization in the Internal Market (OHIM). For further information on the laws governing competition, trademarks, and copyright, please continue reading or contact us in person.

  • Verify the eligibility of your trademark for protection;
  • Research any already existing trademarks;
  • Help you decide whether to register your trademark in Germany or Europe;
  • Contain and monitor costs;
  • Register the trademark with the appropriate agency;
  • Mail the trademark certificate to you.

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Your legal counsel in Berlin for the laws governing competition, trademark law, and copyright law

The tasks handled by an attorney in matters governed by competition law, by the laws governing trademarks, and by copyright law are multi-faceted, for these fields of law cover many of the key issues that can arise during the lifetime of an entrepreneur. These legal issues of this type can also encroach on people’s personal lives, for example when they receive a letter before action for a purported copyright infringement. Our attorneys will sit down with you to discuss your individual situation and brief you on the risks and opportunities involved. We will support you in asserting your rights and also in defending against any claims that may have been brought under competition law or copyright law. We will also be happy to assist you in structuring agreements concluded as an author / publisher or agreements generally serving to protect your intellectual property. Our guiding objective at all times will be to effectively protect your intellectual property.

It makes little difference, by the way, whether you intend to register a trademark or a word / figurative mark or to protect a product / design by means of a utility model. What is crucial, however, is that accurate research be done ahead of time so as to ensure that your registration does not infringe the trademark rights of third parties. This research must be performed very conscientiously, both at the German Patent and Trademark Office (DPMA) and, ideally, also at the European Office for Harmonization in the Internal Market (OHIM). Only then can you be sure to avoid subsequent problems with your registration. Your attorney will be glad to assist you in each individual aspect of the process.

The importance of competition law is often underestimated

Competition law can also come into play when problems arise between two companies doing business on the same market. In such cases, a company may often receive a letter sent before action from one of its competitors in which a violation of competition law is alleged. This can turn into a very costly predicament for the recipient.

With the benefit of the right legal advice, however, you can often avoid such costs from the outset. We will assist you in configuring your advertising, website, company image, and the agreements you conclude such that any objection on the grounds of competition law or data privacy law will not be tenable. Working closely with our specialist attorney for corporate law, we will support you in issuing the relevant licenses or should any disputes arise among shareholders over matters of competition or trademark law.

The risk of receiving letters sent before action under competition law

Issuing a notice as a warning before the sender brings an action against the recipient before the courts, a so-called “Abmahnung,” has become common practice nowadays. If you find such a letter before action fluttering into your mailbox, you should definitely not ignore it, but you should not react with undue haste either. Examine the warning notice and then contact an attorney with the necessary expertise in competition and copyright law. The problems this type of letter before action will cause do not consist only of the direct costs that it entails, but also of the indirect damage, such as the disruption of your company’s business operations or the tarnishing of its public image.

On the other hand, there are simple ways of combating the risk of being at the receiving end of such a warning letter, be this as a private individual or an enterprise, if the matter concerns the failure to meet mandatory information requirements. In Germany, all enterprises are required by law to disclose certain information in their communications with external parties. Our attorney for competition law, trademark law, and copyright law can help you correctly provide the required website information (what is termed an “Impressum” in German), while also answering any questions you may have about data protection and helping you to draw up customized agreements.

Testimonials from some of our clients:

Christian S.

Thanks for your highly competent and extremely expeditious help in tackling the issues of my company!

Anton M.

My recommendation is definitely a heartfelt one! The service was invariably competent and sure-footed, right from our very first meeting regarding a dispute among managing directors all the way to the final closure!
I wholeheartedly recommend Ms. Kollmorgen and her law firm!

Andreas W.

Many thanks for your good advice in corporate law matters. This was a big help to me…

Maria K.

I received a telephone callback just hours after emailing my enquiry. And I got an appointment right for the following day.