Trademark Law

Attorneys for Trademark Law in Germany: Legal Representation in Trademark Disputes

It does not matter if your company wants to enforce its trademarks or if your company wants to defend itself against trademark claims of others. It also does not matter, if German trademarks, EU community trademarks (CTM) or internationally registered trademarks are at stake in the individual case: ZELLER & SEYFERT's attorneys will expertly represent your company in any constellation and in all forms of trademark litigation before German trademark courts, before the European Court of Justice (ECJ) and before the German and EU trademark offices.

In our litigation law firm Attorney Dr. Christian Seyfert, LL.M. (USA) will handle the trademark case of your company. Christian is a Certified IP Law Specialist and a Certified Copyright & Media Law Specialist. He has been dealing with trademark cases in Germany, in the EU and on an international scale for many years.

Attorneys for Trademark Law in Germany: Legal Representation before German Trademark Courts

In Germany, trademark cases are decided in the first instance by two different courts, either by the Federal Patent Court in Munich or by a commercial division at a locally competent civil district court. This dichotomy has a long tradition in German trademark law and is based on the reasoning that decisions of the German Patent and Trademark Office (DPMA) shall be checked on appeal by a specially created court for that purpose, namely, the Federal Patent Court in Munich. Google

Attorneys for Trademark Law in Germany: Legal representation before the Federal Patent Court in Munich

The Federal Patent Court in Munich has jurisdiction to decide about certain appeals in German trademark cases when an aggrieved party wants to check with the appeal whether a certain decision of the German Patent and Trade Mark Office (DPMA) was accurate. Attorney Dr. Christian Seyfert, LL.M. (USA) has represented his clients for years in trademark proceedings before the Federal Patent Court in Munich. The Federal Patent Court has jurisdiction in particular in the following situations:

- Procedures for cancellation of a registered trademark because of absolute obstacles to trademark protection

- Decisions of the DPMA in opposition proceedings for cancellation of a registered trademark having a later priority

- The DPMA renders a decision in which it refuses to register a trademark

Attorneys for Trademark Law in Germany: Legal representation before the German civil courts which are responsible for disputes on trademarks and other symbols in certain cases

Attorney Dr. Christian Seyfert, LL.M. (USA) regularly represents his clients also before the German civil courts that are responsible for disputes on trademarks and other symbols in certain cases. In particular in the following constellations, the German civil courts are responsible to decide about disputes on trademarks and other symbols:

  • Injunctive relief against the continued unauthorized use of your trademarks
  • Requests for information from the infringer of your trademarks on the nature and extent of the unauthorized use of your trademarks (right to information)
  • Claims for damages, in particular profits made by the infringer of your trademarks and compensation according to the license analogy principle (damages for infringement of your trademarks)
  • Claims against the trademark infringer to destruct or recall illegally manufactured or distributed products which have been illegally identified with your trademark (destruction and re-call rights concerning products which are in violation of your trademarks)
  • Claim against the trademark infringer to submit certain bank, financial or commercial documents (submission of certain documents)
  • Claim against the trademark infringer to tolerate the inspection of an object which is at the infringer's disposal if this is required to establish your rights as a trademark owner (right of inspection)
  • Claim to give notice of the court verdict in the trademark case to the public at the expense of the trademark infringer (publication of verdict)
  • Cancellation proceeding before the German trademark office and before the responsible German courts (cancellation for revocation of a trademark or because of the existence of earlier trademark rights)
  • Claim by means of a court action against the opponent that you as the trademark owner have a right to the registration despite the cancellation of the registration by the German trademark office as a result of the opposition (action for the grant of registration)

Attorneys for Trademark Law in Germany: Legal representation before German courts of higher instances (German courts of last resort)

If it becomes necessary, our attorneys will proficiently represent your company before German courts of higher instances (German courts of last resort):

  • Appellate proceedings before the Federal Supreme Court in Germany against decisions of the Federal Patent Court
  • Appellate proceedings before all Higher Regional Courts in Germany against district court decisions.

If your company has been up to now unsuccessfully represented in a trademark dispute by another law firm, it may be a good idea to change course and have the trademark case handled by a different law firm. We offer your company to analyze your trademark case in detail and give your company a detailed expert opinion if an appeal against the decision of the first instance has reasonably good chances of success before an Appellate Court in Germany. Our attorneys are acquainted with appellate proceedings before German courts of higher instances. Please just contact us to have a discussion about your trademark case.

Attorneys for Trademark Law in the EU: Legal Representation before the European Court of Justice (ECJ) in Luxembourg

The decisions of the board of appeals for trademark matters with the Office for Harmonization in the Internal Market (OHIM) can be appealed to the European Court of Justice (ECJ) in Luxembourg. Our attorneys are familiar with representing clients in trademark matters before the ECJ. In our law firm, Attorney Dr. Christian Seyfert will handle your trademark case. Christian will guide you through the procedure before the ECJ. He will give you his fair expert opinion on your company's chances of success in the appellate proceeding before the ECJ.

Attorneys for Trademark Law in Germany: Legal Representation in Summary Proceedings (Speedy Trials)

If somebody has infringed upon your trademark rights, urgent legal action is regularly needed to stop further trademark violations to the detriment of your company for the future. ZELLER & SEYFERT's attorneys will quickly enforce the trademark rights of your company and seek an immediate injunction in a speedy trial (summary proceeding) before the competent German trademark court. Very important and particularly urgent is regularly also the preliminary enforcement of certain rights to information on the nature and extent of the trademarks violations. Further, our attorneys will also quickly seek to enforce the submission of certain bank, financial or commercial documents of the trademark infringing party for the later calculation of damages. ZELLER & SEYFERT will deal with the trademark matters of your company swiftly and seek prompt injunctive relief to the benefit of your company before the competent German trademark court.

Attorneys for Trademark Law in Germany: Legal Representation before the German and EU Trademark Offices

ZELLER & SEYFERT's litigating attorneys will also represent your company in litigation before the trademark offices, concretely before the German Patent and Trademark Office (DPMA) and the EU Office for Harmonization in the Internal Market (OHIM). Essentially, these are the following trademark proceedings:

  • Trademark opposition procedures
  • Trademark cancellation procedures for revocation of a trademark or because of absolute obstacles to trademark protection
  • Appellate trademark proceedings before OHIM

Our attorneys will also represent your company in trademark litigation proceedings before the World Intellectual Property Organization (WIPO) in Geneva (Switzerland).

Attorneys for Trademark Law in Germany: Warning Letters – Legal Representation out of court

Trademark owners generally have the burden – according to German civil law – to first send a warning letter out of court to the trademark violating party. This warning letter shall accomplish three things: It shall inform the trademark infringing party about its trademark violations; it shall seek a possible settlement between the parties; and it shall seek an end to the trademark violations for the future. Rushing with a trademark case to a German trademark court without prior requesting from the trademark violating party to cease and desist from its trademark infringements may otherwise have the consequence that your company has to pay the fees and costs of the entire lawsuit (court fees and attorney fees of both parties), even if your company later wins the trademark lawsuit.

Attorneys for Trademark Law in Germany: Border Seizures Procedures in Germany (Customs)

Particularly successful branded products are often cheaply and illegally pirated and counterfeited by product pirates. These pirates then try to smuggle the pirated products into the domestic market to the detriment of the trademark owners whose trademarks have been violated. Our attorneys will support your company to intercept the counterfeited products at the German border with the help and assistance of the German customs authorities. Our attorneys will then also have the pirated goods destroyed right at the border. In order to protect the trademarks and branded products of your company, our attorneys will initiate the appropriate border seizure procedures with the German customs authorities. They will maneuver your company through the German border seizure procedures and possible subsequent court proceedings from their beginning until their successful completion. For more information on border seizure procedures in Germany please visit Border Seizure Procedures by the German Customs Authorities.

Your Contact Person in Trademark Law Matters

Do you still have questions concerning German, EU and international trademark law? Your contact person with ZELLER & SEYFERT concerning issues related to trademarks, trademark protection and trademark litigation is Attorney at Law Dr. Christian Seyfert, LL.M. (USA). Christian is a Certified IP Law Specialist, a Certified Specialist for International Business Law and a Certified Copyright & Media Law Specialist. Please just contact Christian by e-mail (seyfert@zellerseyfert.com) or by phone (+49 (0)69-58 80 972-40) about your trademark issue.

 

Recommended links:

Bifurcation of judiciary responsibilities: Federal Patent Court and German Regional Courts

Regional Court in Hamburg: „PINK FLOYD“ vs. "PINK FREUD“ (Case 327 O 186/17) (in German language)

Higher Regional Court in Duesseldorf: Adjournment of trademark infringement proceeding because of priority of invalidity proceeding before the European Union Intellectual Property Office (EUIPO) (Case I-20 W 31/17) (in German language)

Our trademark law cases before the European Union Intellectual Property Office (EUIPO) in the year 2016 (in German language)

EU trademark law: Representation of the U.S. market leader concerning tear-off windshields for motor sports cars (before the Regional Court in Koblenz) (in German language)

General Court of the EU (EGC): Decision in the trademark dispute KNUD ./. KNUT - THE ICE BEAR (Judgment of September 16, 2013, Case T‑250/10) (in German language)

Federal Patent Court: Word mark "GALERIA" is devoid of any distinctive character, but is trademark protected because it is established in trade (Judgment of July 9, 2013, Case 33 W (pat) 124/07) (in German language)

Federal Court of Justice of Germany: Trademark infringement in keyword advertising (Judgment of June 27, 2013, Case I ZR 53/12) (in German language)

Federal Patent Court: Name of a stadium may be registrable as a trade mark, despite its descriptive content - "stadium at the old forester" (Judgment of January 18, 2011, Case 27 W (pat) 158/10) (in German language)

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