Intellectual Property

Areas of Expertise

Corporate counseling: legal counseling in mergers and acquisitions, conducting due diligence; legal counseling with regard to incorporation of companies including labour law related aspects (contract for managing director, labour contracts etc.).
Intellectual Property: judicial and extrajudicial representation in competition law related matters, application/registration and defense of national and EU-Community trademarks, application/registration and defense of national and EU-Community designs.
Debt collection: focusing on cross-border debt collection within the European Union.
Litigation: in particular complex litigation matters and litigation matters connected to foreign legal systems

LanguagesGerman, English

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Office Frankfurt

+49 +49 69 348 771 660

Email: VLichter@blpa.law

Intellectual Property is a valuable asset of your business.

Each company owns intellectual property, be it in form of a company name, logo, product design or invention. Intellectual property distinguishes your company from your competitor, can generate revenue for your business in form of license fees, support the recognition value of your products or services, is effective in advertisement and can even be used as collateral for a bank loan. Thus there are numerous good reasons to protect your intellectual property and make full use of the value attached to it.

Trade marks and brands

Your brand is one of the first things that the buyer of your product or service perceives from you and with which he will connect your product and service in the future. The protection of your brand should therefore be an integral part of your business strategy.

We are happy to assist you with

  • The registration of your trade mark, logos and alike in Germany (DPMA) or the EU (EUIPO) and the subsequent maintenance of your trade mark;
  • The defense of your brand or trade mark against counterfeits or other violations of your trade mark rights;
  • The drafting of trade mark licensing agreements;
  • The enforcement of your trade mark at German courts, DPMA or EUIPO.

We defend you against unjustified warning letters, advise you in the preparation of cease and desist declarations and the settlement of the issue, if you should have infringed a third party’s trade mark.

Design

„Design your own destiny“

A good design lets you rise above the crowd of competitors and makes your product unique and unmistakable. A good design appeals to the consumers and customers and increases your sales. According to EUIPO, companies that pay more attention to design are more successful and their growth rate is 22% higher.

Be part of the more successful companies and protect your design for a competitive price.

Our spectrum of tasks covers

  • the registration of designs in the EU (EUIPO) and Germany (DPMA) and the subsequence maintenance of the design;
  • defending your registered designs against counterfeits and infringements;
  • defending your designs in case of unjustified warning letters in and out of court.
Trade shows and fairs

„Enjoy your FAIRytale“

 

For many companies, the exhibition at a fair is the most important marketing platform. In a short period of time, you are able to introduce yourself to a wide range of potential customers and business partners, present your company and make the first important steps towards new business transactions. Therefore, everything should run smoothly at a fair and there shouldn’t be any nasty surprises.

  • We would be pleased to advise you in advance of the fair and check your IP-portfolio with you;
  • We are at your disposal – also by mobile phone – during the fair for possible questions;
  • If you are worried that you might receive a warning letter during a fair, we can draft a Schutzschrift prior to the fair and prevent possible injunctions during the fair. German courts decide quickly on alleged infringement accusations during fairs, also over the weekend, so you should be armed!
***A Schutzschrift is a specialty of German law. It is like you deposit your statement of defence with the court before the actual statement of claim, the application for an injunction was filed by your opponent. The court will also consider your presentation of the facts and won’t render its decision solely on the basis of the representation of the facts by the opponent. Please be aware that under German civil procedure law, each party only has to present the facts that are favorable to it and does not have to give an accurate picture of the overall circumstances. Although the decision by the court may only be “interim”, i.e. preliminary, however it can still hit you hard and even harder coming as a complete surprise (without hearing at court and without prior information about the opponent’s pleadings).
  • If you receive a warning letter during a fair, we will advise you on your rights and obligations, defend your position or assist in the correct phrasing of a declaration to cease and desist. During a fair, very short deadlines apply and a fast response is required.

We are there for you, so that you can make the most of your trade fair exhibition and are not distracted by legal issues.

Warning letter

Warning letters in DESIGN matters are quite frequent, since a design – contrary to a trade mark or patent – is an unexamined intellectual property right. This means that EUIPO or DPMA did not examine the requirements for a new design, such as novelty and distinctiveness during the registration procedure. This is then corrected through the market in time.

As frequently as warning letters are send out in design matters, as frequently they can be opposed successfully. Therefore, should you have received a warning letter, don’t hesitate to get legal advice and don’t be intimidated by the warning letter.
We analyze, if you indeed infringed an existing design and advise you on the prospects if you want to defend yourself against the warning letter.

In any case, even in cases of a warning letter in TRADE MARK matters, the often forwarded and stock-phrased declaration to cease and desist should be analyzed regarding its scope and the obligations assumed by it. If you indeed infringed a trade mark or design, we make sure that you oblige yourself only to what you are required and that you are not burdened with excessive claims.

In particular in a direct competition, it can be more favorable to be sued and have a judgment rendered against you than to provide the competitor with an out-of-court cease and desist declaration. We are happy to discuss this with you.