Trademark law regulates the content and protection of trademarks and other signs, which are an essential part of the company value. They differentiate companies from each other, consolidate their market position and can have a significant impact on sales. A company with a strong trademark will more easily win new customers and keep existing customers easier.
Many factors have to be considered when deciding whether a certain sign can be registered as a trademark. Which goods or services should be protected? Are there potential conflicts with other registered signs? Is the sign sufficiently distinctive? Trademarks are of great economic importance and the value of a claim of a trademark infringement is always very high – therefore, expert advice is essential.
Once a trademark has been registered and established, the focus is on defending the legal position. If the sign is used by another company infringing your trademark rights, action must be taken against it. In such cases, the way to the court is usually unavoidable, as trademark law is strongly influenced by individual cases and a binding decision can only be made there.
MORGENSTERN’s activities focus on the following areas:
- Examination of a trademark capable of being protected
- Advice on the content and visual design
- Trademark research and examination of potential collisions
- Registration of trademarks (national and international)
- Monitoring of new trademark applications
- Handling of conflict cases
- Drafting of a comprehensive trademark concept
- Judicial representation in infringement proceedings