Home > Expertise > Practice Areas > Trademark Law
We work highly specialized in the entire law of trademarks (brands, signs, work titles, designations of origin and geographical indications). Our approach in doing so is holistic and comprehensively.
Our range of services include trademark seaches, trademark applications, trademark administration, trademark watches, ministerial and forensic trademark defence as well as negotiating licence or co-existence agreements.
But our range of services goes even beyond this. That distinguishes us.
We prosecute infringements of your rights not only with all means the legal system offers, but support you even when it comes to discover such infringements. Furthermore we may assist you already during the invention of your brand and are available for brand valuations, too. We know by experience that trademark registrations are often heralds of new product ideas of your competitors. The earlier you know about that the better, of course. With those information you are in a position to act poised, when others may only react after the launch of a new product through a competitor. Name your competitors to us and we will keep you well informed about their trademark registrations.
Trademark invention
A brand is a companies first advertising vehicle and has to be understood rightly. We would be pleased to assist you together with marketing experts already during the invention of your brand.
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IP.JAESCHKE_™INVENTION – Give your future a name.
Trademarks are in nowadays economic life of crucial importance. It’s o.k. if a trademark sounds good. However this suffices rarely to be successful in a competitive market. A brand is a companies first advertising vehicle and has similar to a claim to be understood rightly. With our tailored service IP.JAESCHKE_™INVENTION we would be pleased to assist you together with marketing experts already during the invention of your brand. The goal must be to recapitulate your brand promise in your trademark. It is not very helpful, if potential customers in non-english speaking countries understand the claim “ come in and find out” as „ step in and find your way out".
Trademark searches
Trademark disputes are due to regularly high values of such claims expensive. Prior to a trademark registration trademark searches are therefore a reasonable tool to prevent infringements of third parties trademark rights. Depending on where and how you would like to use your trademark, we configure together with you the scope of such searches and carry them out either by ourselves (for instance for national German trademarks and CTM or IR trademarks) or assign a trademark search service provider for that.
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IP.JAESCHKE_™CHECK – Searches
Apart from trademark register searches a company name search or an “in use”-search of trading names could be useful. When such searches are reasonable we check existing company names on identity or phonetic identity to your trademark or company name or we investigate whether an existing trading name is still in use in a certain market. Non use of a trading name might be a reason for having it deleted from the registers. An in use search is particularly useful if you want to register an existing mark or trading name.
Trademark application
We protect your company-, service- and product trademarks through registration of national German, Community (CTM) and/or international (IR) trademarks. If necessary we conduct proceedings before the trademark offices or the courts to enforce your trademark protection.
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IP.JAESCHKE_™APPLICATION
First Class trademark protection has to be tailored to your company and market activities like a tailor-made suit. The specification of the necessary protection and the professional compilation of the lists of goods and services could require a considerable effort. An effort which is worth it, as tailor-made trademark protection minimizes the risk of cost-intensive lawsuits respectably.
Trademark administration
After your trademarks have been registered we support you with our service IP.JAESCHKE_™Administration by administering your trademark portfolio to ensure that all official deadlines are met and that your trademark protection gets renewed as long as you want.
Trademark watches
Moreover with our service IP.JAESCHKE_™RegisterScan we monitor trademark and commercial registers to check whether trademarks or company names get registered that could be confused with yours. In these cases we undertake the negotiation of license or co-existence agreements or the defence of your trademarks through all instances.
Trademark Management Complete Our service IP.JAESCHKE_™Management combines the modules IP.JAESCHKE_™RegisterScan in its frequently selected basic version and IP.JAESCHKE_™Administration for a reduced flat fee. We support your business by administering your trademark portfolio to ensure that all official deadlines are met and that your trademark protection gets renewed as long as you want. Moreover we monitor trademark and commercial registers to check whether trademarks or company names get registered that could be confused with yours. In these cases we undertake the negotiation of license or co-existence agreements or the defence of your trademarks through all instances.
Trademark Defence
In all opposition, invalidity and cancellation proceedings we will represent your interests concerning to national german trademarks before the German Trademark and Patent Office (DPMA) and the Federal Patent Court (BPatG). As to Community Trademarks we will safeguard your rights before the Office for Harmonisation in the Internal Market (HABM) in Alicante/Spain as well as before the European Court of First Instance (CFI) and the European Court of Justice (ECJ). Vice versa, we defend our clients rights against unjustified accusations. Likewise we are by your side when it comes to alternative dispute resolution.
Trademark valuation
Do you know the value of your trademark ? The value of a trademark is not only an abstract business parameter of a value-based brand-management in general. Company surveys show that at an average two-thirds of a company’s value in total is allotted to its trademarks. Brand valuation plays an important role when determining fees and prices in the context of trademark license agreements or purchase contracts. Moreover the value of a trademark is the basis when claiming damages in trademark infringement lawsuits and when balancing an account in conjunction with company mergers. Then it is important to position your brand as an asset best possible. With our service IP.JAESCHKE_™VALUATION we are on your side at this as well together with a specialized service provider for brand evaluations. In doing so, an efficient, standardized brand valuation approach focussing on the consumer purchase process applies which is aligned with international standardization initiatives and is respected by renowned auditing companies.
Form of contract and contract administration
Sometimes not the defence of trademarks is in the spotlight, but the negotiation of license or co-existence agreements. We are on your side at this, too. Lawyer’s advice generally ends with the closing of contractual negotiations. Our approach goes beyond that. Treat us not only as your lawyer, but as your advisor and partner in your daily business – personal and independent. Our goal is to grow together with our clients due to mutual success. Flexibility and quick handling time are a matter of course for us. We know our business – and understand yours. With our service IP.JAESCHKE_™ContractManagement we support you for instance in monitoring of long-term contracts.
IP.JAESCHKE_™InternetScan – Online Brand Protection
We provide together with specialized service providers online brand protection solutions that cover inter alia the identification of unauthorized product sales on auctions, trade or retail websites and the detection of intellectual property infringements of trademarks, logos, and company and domain names.
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17.01.2012
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Nach dem Ende von kino.to im Juli 2011 ist nun die Schliessung von kinox.to das Ziel von Urheberrechtsschützern
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14.01.2012
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OLG Düsseldorf entscheidet über die Wirksamkeit von Filesharing-Abmahnungen (Beschluss vom 14.11.2011, Az.: I-20 W 132/11)
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13.01.2012
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Rabatte auf preisgebundene verschreibungspflichtige Arzneimittel sind bei Abgabe durch inländische Apotheken verboten (BGH, Urteil vom 12.01.2012, Az.: I ZR 211/10 - Europa-Apotheke Budapest)
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09.01.2012
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Haftung von Hotels für Urheberrechtsverletzungen von Gästen: Die richtige Reaktion von Hotels und (Internet)Cafés wenn sie wegen Filesharing, also der illegalen Nutzung von Internet-Tauschbörsen durch ihre Gäste, abgemahnt werden
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05.01.2012
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AG Leipzig: Das Nutzen von illegalen Streaming-Angeboten ist rechtswidrig
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