Legal Services
Protection and enforcement of trademarks and trade names, and advice on competition law – from filing an application to defending against warning letters.
Overview
Name, logo and brand presence are often a company’s most valuable capital – and at the same time its least protected. Without registration, there is no basis for taking action against imitators; with the wrong application, the resulting protection does not hold when it matters.
We advise companies, startups and self-employed professionals on filing, monitoring and enforcing their trademark and trade name rights, and defend them against unfounded attacks. We also handle the neighboring questions of competition law and of intellectual property more broadly – such as design law and copyright.
Services
01
Every application starts with a search: does the mark already exist, and are oppositions or warning letters to be expected? We examine similarity and the classes of goods and services, and tell you whether the name holds up.
02
We file your trademark with the German Patent and Trade Mark Office (DPMA), with the EUIPO or through WIPO, and define the scope of protection so that it fits your business – including the choice between a word mark and a figurative mark.
03
A registered trademark protects only if infringements are noticed. We take care of monitoring and keep an eye on renewal deadlines and on the genuine use required to maintain your marks.
04
We enforce your rights firmly where they are infringed – from a warning letter (Abmahnung) to a preliminary injunction. Conversely, we review warning letters you have received to establish whether they are justified and keep the costs contained, rather than signing in haste.
05
If a third party applies for a confusingly similar mark, we file an opposition. If your own mark is attacked – for example by a request for cancellation – we defend it before the office and in court.
06
We review advertising claims, price indications and comparative advertising for their admissibility, and take action against misleading advertising and unfair competition by competitors.
Legally precise. Commercially minded.
Mistakes in trademark law surface late, and are then expensive: a change of name after the market launch, a scope of protection that does not cover your own products, a warning letter shortly before a trade fair. We therefore put the rights in order before the investment is made – and, in a conflict, first establish what the other side can actually enforce.
Personal advice
Rechtsanwältin & German civil-law notary (Notarin)
Certified Specialist Lawyer for IT Law (Fachanwältin für IT-Recht)
Darja Hannekum is responsible for trademark law, competition law and intellectual property at our firm. She is a member of GRUR, the German Association for the Protection of Intellectual Property. View profile
In detail
A strong trademark is more than a logo or a name – it builds trust among customers. Without legal protection, however, it is vulnerable. As attorneys for trademark law in Hamburg and Ahrensburg, we advise and represent companies, startups and self-employed professionals in filing, defending and enforcing their trademark rights and in protecting themselves against unfair competition.
Have you developed a business idea and wish to protect the brand name? Or have you received a warning letter from a competitor and are unsure how to respond? We provide not only legal support but also strategic advice on strengthening your trademark over the long term.
We guide you from the trademark search to registration of your mark with the German Patent and Trade Mark Office (DPMA), the EUIPO or WIPO. A well-considered protection strategy secures your rights for the long term.
To identify trademark infringements at an early stage, we monitor your mark and enforce your rights firmly where they are infringed – by warning letters, actions for injunctive relief or other court proceedings.
If a third party applies for a mark that could be confused with yours, we support you in opposition proceedings. And if your own mark is attacked, we defend it – in opposition, cancellation and revocation proceedings.
Do you wish to license or sell your trademark? We draft trademark license agreements and assignment agreements that protect your interests.
Have you received a warning letter alleging trademark infringement? We examine the allegations, develop a defense strategy and limit the financial and legal risks. At the same time, we enforce your own trademark rights.
Product piracy can cause considerable financial loss and damage to reputation. We advise on monitoring markets and online platforms, work with the customs authorities to intercept counterfeit goods and take legal action where required.
Your trademark is the face of your company and makes it recognizable to your customers. Sound trademark protection prevents third parties from copying your ideas or trading on your success. Through targeted filing and monitoring, you protect your intellectual property and strengthen your market position.
Together with you, we determine how your trademark is filed and secured nationally, across Europe or internationally. We also discuss candidly whether a trademark application is worthwhile in your case.
Mistakes in trademark law can be costly – whether through oppositions, warning letters or cancellation proceedings. An ill-considered application or inadequate protection may mean that you cannot use your mark without restriction.
We combine experience in trademark law with an understanding of the challenges businesses face, and make a point of explaining complex legal matters in clear terms. We communicate proactively and keep you informed of the status of your matter.
We advise on trademark and trade name law and handle filing, monitoring and enforcement. Whether on site in Hamburg and Ahrensburg or online – thanks to our digital infrastructure, we are available to clients throughout Germany.
We analyze your situation and discuss your objectives.
We develop an individual plan for protecting your trademark.
We implement the strategy and remain at your side over the long term.
We offer trademark monitoring that identifies potential infringements at an early stage. We also advise you on what you can look out for yourself.
We analyze the case and take the appropriate legal steps – from a warning letter to court action – to enforce your trademark rights.
In principle, yes. Legal advice does, however, help to reduce risks, to define the scope of protection properly and to avoid costly corrections later on.
We recommend an annual review, and a further review whenever your business develops in a significant way. This keeps your trademark protection current and effective.
We analyze the reasons, develop possible solutions and guide you through any appeal proceedings or alternative protection strategies.
We advise on the law with the commercial exploitation of the trademark in view – with clear communication and lean digital processes.
Questions and answers
As a rule, three to six months until registration; a three-month opposition period runs after registration. Where time is short, the DPMA offers accelerated examination for an additional official fee.
The costs consist of official fees and legal fees and depend on the territory of protection and the number of classes.
A word mark protects the name irrespective of its design and is usually the stronger choice. A figurative mark or a combined word and figurative mark makes sense where the name alone is not eligible for protection – for example because it is descriptive.
Do not sign anything without legal advice: a cease-and-desist undertaking binds you indefinitely and carries a contractual penalty. We review the warning letter, draft a modified undertaking where appropriate and keep the costs contained. The deadlines set are usually short – contact us early.
Yes. Through the EUIPO you obtain protection throughout the EU; through WIPO, an existing trademark can be extended to further countries. Which route is more economical depends on the number of target markets.
Prohibited practices include misleading advertising, the targeted obstruction of competitors, unsolicited telephone and email advertising and the imitation of other companies’ products. We review your measures in advance – and take action against infringements by competitors.
Related topics
Trademarks and trade names online, domain law and legally compliant advertising in digital channels.
License and cooperation agreements, company names and safeguarding the value of the business.
Trademark protection when entering the US market, and cross-border protection strategies.
Contact
We review the situation and discuss the next legal steps with you.
