Protect brands. Create added value. We are your experts in all matters of trademark law.
Trademark Law
We manage the portfolios of medium-sized companies and major international corporations with over 1,000 brands.
From defining the registration strategy to examining protectability and ongoing collision monitoring, our team specializes in the support and further development of sophisticated trademark and design portfolios.
Our international network of leading law firms allows us to register and defend trademarks and designs in all relevant jurisdictions.
At HARTE-BAVENDAMM, we think strategically, offer reliable advice and act decisively – for the best protection of your industrial property rights.
We assist you in trademark registration and provide defense against cancellation in all proceedings before the German Patent and Trademark Office (DPMA) and the EUIPO.
Our team has many years of experience in application, opposition, cancellation and appeal proceedings before the DPMA and the German Federal Patent Court (BPatG).
Operating across Europe, we are experts in proceedings before the European Union Intellectual Property Office (EUIPO) and actions litigated before the General Court of the European Union in Luxembourg (GC).
Thanks to our standardized processes and wealth of experience, we ensure efficient, prompt, and cost-effective action even in the most complex and intricate administrative proceedings.
We specialize in consistent and vigorous representation in all trademark disputes.
Trademark infringement proceedings are at the heart of our expertise: we vigorously advocate for the enforcement and protection of your trademarks and signs in court. Our track record includes significant victories in groundbreaking cases at both the German Federal Court of Justice and the European Court of Justice. However, our primary focus is not on making legal history but on efficiently advancing your commercial interests.
At times, it's prudent to resolve a dispute outside of court. We identify such instances and facilitate resolutions that conserve your resources.
Whether it be a cease-and-desist letter, preliminary injunction, or court action: We work with our clients to determine the best strategy and implement it in a targeted manner.
Efficient and cost-effective measures to combat counterfeit products and illegal parallel imports.
Requests submitted to customs authorities can help prevent the import and export of infringing goods at the external borders of the EU or Germany. These goods may be seized or promptly destroyed.
We maintain strong relationships with German customs authorities, especially at key locations like the Port of Hamburg and international exhibition centers such as Cologne, Dusseldorf, and Frankfurt. This enables us to coordinate procedures seamlessly across Europe.
On the subject: From our IP blog
If a business is held liable by another for an (alleged) infringement of their business identifier, the question always arises as to whether and how one can defend oneself against such claims. In most cases, consideration is then given to whether the business identifier lacks the distinctive character required for its protection. Or the question is raised as to whether the business identifier is used in the course of trade for a specific business operation close enough to the other party’s business. Or the questions of priority or similarity of signs and much more is dealt with. It is relatively seldom considered whether the business identifier may not enjoy protection at all because it is misleading and how this can be most effectively asserted in court. This article sheds a little light on this topic.
While there has long been a legal framework for the protection of geographical indications at EU level, there was no EU-wide system to protect names of products such as Solingen cutlery, Erzgebirge Weihnachtsschmuck, or Limoges porcelaine.
News on packaging law – The Federal Court of Justice rules on misleading packaging in online stores. At the same time, significant changes to packaging law are pending at EU level, as the EU Parliament has adopted the trilogue draft of the Packaging Regulation. This regulation is likely to mean the "end" for large parts of packaging, and not just for deceptive packaging. Brand and design owners should deal with the changes as soon as possible.
Trademark owners are regularly confronted with the proof of use requirement in disputes before the national trademark offices or courts. After expiry of the 5-year grace period, trademarks that have not been put to genuine used may be declared invalid and thus removed from the register, or disregarded in opposition proceedings. This is because, in principle, anyone who registers a trademark must also make genuine use of it for the registered goods and services. This makes it all the more important for trademark owners whose marks are outside the grace period to be able to prove the genuine use of their marks.
Three reasons for choosing HARTE-BAVENDAMM
Satisfied clients, numerous top-tier rankings, major professional publications, extensive litigation experience: intellectual property law is our core competence.
We represent your interests with ingenuity and dedication. We protect your intellectual property and develop creative strategies. Complex cases are our strength.
As a reliable partner, we provide our clients with resolute, poised, and effective guidance. In challenging conflict scenarios, our team is well aware that cooler heads always prevail and excel at delivering valuable and advantageous solutions to our clients.
