Trademarks are used to distinguish goods and services of companies. The classification of goods and services is defined by the International treaty known as "Nice Classification" or "International Classification of Goods and Services". Every five years the Nice Classification is revised.
Trademark Law
Diehl & Partner offers a wide range of trademark services.
We run the gamut from preparing the list of goods/services which best fits to our client and our client's products and services, conducting trademark searches to ensure that a similar sign does not already exist, filing national trademarks, Community trademarks and International registrations (IR-trademark) and representation of our client during the registration proceedings, monitoring of an international trademark portfolio to enforcing our client's rights nationally and internationally by extrajudicial actions (warning letters) and judicial actions (file an injunction or a lawsuit).
A trademark distinguishes the goods and services of a business to those of other businesses. Trademarks protect the reputation and image of traders built up over years. The owner of a registered trademark acquires an exclusive right and is entitled to prevent others from unauthorized use of trademarks. This exclusive right also provides remedies in case of trademark infringement.
A trademark may be inter alia a word, name, symbol or device; applications can be filed for word trademarks, for figurative trademarks (in particular font size, colour or other design elements) or combinations thereof, sound trademarks, three-dimensional trademarks, olfactory trademarks or other trademarks.
The Patent and Law firm Diehl & Partner provides experienced and effective representation in the following area:
- » Representation before the following Trademark Offices and Courts:
- 1. German Patent and Trademark Office (GPTO), Munich, Germany
- 2. The Trademarks and Designs Registration Office of the European Union (previously known
as "Office of Harmonization for the Internal Market;OHIM), Alicante, Spain - 3. World Intellectual Property Organization (WIPO), Geneva, Switzerland
- 4. Representation before German District Courts and Higher District Courts
- 5. German Federal Patent Court (BPatG), Munich, Germany
- 6. German Federal Court of Justice (BGH), Karlsruhe, Germany in Appeal Proceedings and
Patent Infringement Proceedings - 7. European General Court (previously known as "Court of First Instance") attached to the
- 8. European Court of Justice (ECJ), Luxembourg, Luxembourg
- » Filing Applications of
- - National German Trademarks
- - Community Trademarks
- - International Registrations (IR-Trademarks)
- - National Foreign Trademarks
- » Consultation in creating and developing a trademark
- » Working out strategies and assistance in the management of the trademarks
- » Carrying out trademark searches (for identical or similar trademarks)
- » Representation in opposition and cancellation proceedings due to revocation or invalidation
- » Renewal of trademarks
- » Monitoring of trademarks
- » Consultation and Representation in infringement proceedings -
- warning letters, preliminary injunctions, filing a lawsuit
- » Managing and representing national and international trademark portfolios
- » Applying for action by customs authorities
- » Negotiating and preparing coexistence agreements
- » Preparing sales and licence agreements
- » Taking out an ad on copyrights of titles and enforcement of copyrights of titles
- » Enforcement of trademarks of an undertaking (trade names/business identifiers)
- » Consultation in domain disputes (filing applications of dispute records at Denic)
- » Worldwide contacts with Attorneys-at-Law and Patent and Trademark Attorneys