The importance of intellectual property in the form of copyrights and trademarks, the development of a corporate identity and the reputation of one’s own business operations is growing immensely with the ever-increasing digitalization and the expansion of online trade and online presences.
In Germany alone, over 50,000 trademarks are registered annually. Depending on company size and industry, companies spend between 1 and 20% of their turnover on advertising, thus building and strengthening their brand.
The protection of reputation and rights is essential for business success. At the same time, commercial success can also be damaged if a competitor acts unfairly by appearing misleadingly or aggressively on the market.
We support our clients in the protection of industrial property rights. From the registration of the trademark to the legal dispute.
WHAT IS INDUSTRIAL PROPERTY PROTECTION?
As a collective term, industrial property protection comprises on the one hand all industrial property rights and on the other hand unfair competition law. The legal sources of industrial property protection can be found in particular:
Examination of the presentation of the facts: Is what the other side is saying true in fact?
Legal assessment of the facts: Does your actual conduct constitute anti-competitive behaviour?
Examination of the scope of the declaration of discontinuance: Does the declaration go further than what you are legally required to refrain from doing?
Respond: If legally required, issue a cease-and-desist declaration. Alternatively, you may have the possibility to counterclaim. In any case, you should react in order to avoid an application for a preliminary injunction.