Trademark Law
Protect your Trademark!
Trademark rights are important.
A registered trademark prevents competitors from operating under the same company name, name, slogan, product designation, or logo, thereby causing confusion in the market and making your company harder to find.
The trademark search conducted before registration ensures that your desired trademark does not infringe upon any prior rights. Anyone who uses their trademark without a trademark search runs the perpetual risk of a later prohibition of trademark use by the holder of prior rights.
Authorized Attorneys
Sebastian RiedlmairHarlander & Partner Attorneys „Dieser Wettbewerbsvorteil einer angemeldeten Marke ist nicht nur für große Brands und Labels, sondern auch für kleine Unternehmen ganz leicht leistbar.“
How We Secure your Trademark Rights
As attorneys at law, we have one single task in trademark law – to provide you with security for your investments in your trademark. For this, we are highly qualified:
certified
Trademark Attorneys
There is no such thing as partial security – therefore, we don’t do things halfway:
- Free, non-binding initial consultation on trademark law
- Determination of a flat fee depending on the complexity of the trademark
- Written granting of power of attorney
- Strategic selection of the ideal trademark type(s)
- Classification of goods and services according to NCL 11-2021
- Classification of figurative elements according to CFE (8)
- Examination of meaning in other languages
- Determination of the geographical scope of protection
- Copyright examination
- Competition law examination
- Trademark law examination
- Search trademark registers
- Search company registers
- Search trade names
- Search protected titles
- Creation of the examination report including a detailed risk analysis
- Final discussion of the results
- Execution of the trademark registration
Peter HarlanderHarlander & Partner Rechtsanwälte „In einer Markenanmeldung steckt am Ende ein Tag Arbeit – Recherchen, Analysen, Risikobewertung, Beratung.
Unsere Arbeit sichert Ihre Investitionen ab, welche Sie in den nächsten Jahren in den Aufbau Ihrer Marke stecken werden.“
Trademark Registration Process
Costs & Benefits
A trademark registration is valid for 10 years and can be renewed indefinitely. With our
Calculated annually, for example, the EU-wide protection of a trademark, including attorney fees and the registration fee, costs only a few hundred euros per year.
Considering the value of “EU-wide protection of one’s own product designation,” it must be noted that there is little for companies that is comparably affordable and sensible at the same time.
Trademark Law Consultation
Our consultation covers all important aspects of trademark law. In the first step, fundamental preliminary questions are reviewed. In which classes should the trademark be protected? Is your trademark registrable at all? If so, in what form? As part of the examination of the registration requirements, for example, it is checked whether there is a need for availability and whether the trademark possesses distinctiveness.
In the next step, the type of trademark is determined together with you. For example, a word mark, a figurative mark, or a word-figurative mark may be considered. Each variant has advantages, but also disadvantages. Furthermore, the scope of protection of the trademark is fixed, i.e., in which classes and in which countries the trademark is to be registered.
To select the Nice classes to be protected, we analyze the current scope of your company’s activities, but also consider with you how the company could develop in the future.
Finally, the geographical scope of protection is determined.
Peter HarlanderHarlander & Partner Rechtsanwälte „Am häufigsten werden Marken in der EU, in Österreich und in Deutschland registriert.
Aber auch internationale Markenanmeldungen in der Schweiz oder in den USA sind keine Seltenheit.“
Trademark Examination
Only when these fundamentals have been clarified is a similarity search and the trademark law analysis of the results possible. At its core, it is about determining whether the trademark to be registered is liable to be confused with existing trademarks. Regarding the question of when a likelihood of confusion exists, there is extensive and multifaceted case law.
Even as a trademark law expert, you have one or two tough nuts to crack at this point. Laypersons can only arrive at the correct result by chance at this point. Depending on the outcome, the trademark analysis leads either to the approval of the registration or to the preparation of a risk assessment.
Trademark Registration
Following the trademark similarity search, trademark registration takes place. This consists of handling the registration procedure, i.e., the preparation of all documents, filing with the competent trademark office, and correspondence with the trademark office.
If no complications arise during the trademark examination, the trademark application is filed with the competent trademark office as early as one week after the order is placed.
In the event of third-party objections against the trademark registration, a separate opposition procedure is initiated, in which the objections must be addressed and refuted.
Trademark Monitoring
After registration of the trademark, we are happy to offer further services such as the ongoing monitoring of the trademark for infringements by third parties or ensuring the extension of your trademark in good time before the expiry of the 10-year protection period.
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Do you want to register a trademark? Then you’ve come to the right place!
You can find an overview of the costs and fees in our trademark protection packages with fixed prices.
Choose your prefered dateBook free initial consultation
