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Patent and Trademark Attorneys

BREXIT – UPDATE: Effects on EU trademark and/or Community design

The Brexit and the question whether there will be a deal between the United Kingdom (UK) and the EU has been postponed until end of October 2019 at the latest, while the EU has agreed to both possible choices, the UK leaving at an earlier date as well as to remain. More ...

 Update Ed. 2/2018

  • Important strategic contemplations for owners of European patents
  • Preliminary remuneration of employee inventor
  • To what extent does a patent owner have to accept his own former statementsagainst himself in an infringement proceeding?
  • Right to sue of an exclusive licensee in case of infringement of protective right

Update Ed. 1/2018

  • Federal Court of Justice confirms protectability of “Ritter-Sport” packaging trademark
  • Criteria for right-preserving use of figurative trademark
  • When does the deception of origin by a product which is not protected by a protective right not have to be accepted with regard to competitive law?
  • Brexit and possible consequences for union trademarks

Use of the Coca Cola typeface leads to confusion

The soft drink producer Coca Cola filed an opposition against a European Union trademark application with the word element “Master” and reasoned the opposition by stating that there was a danger of confusion between the signs as the sign element “Master” was represented with the same typeface. More ...

Right of prior use or joint use due to one’s own prior use acts with respect to a German design patent (decision “Bettgestell” (bed frame) by the German Federal Court of Justice BGH))

Principally, in Germany, a third party which has developed, used or at least made serious attempts to use a similar or identical design before filing a national design patent, can rely on a right of prior use. More ...

Attention! Patent infringement in Germany affirmed – although a product showing all features of the patent was finally only produced in a patent-free area 

For the first time, a court decided that there is the possibility of a conclusion to the content of the first offer in Germany and, therefore, a patent infringement in Germany in the following situation. More ...

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