Trademarks
KLINGSEISEN RINGS & PARTNER
PATENT ATTORNEYS
The patent attorneys of the law firm KLINGSEISEN RINGS will assist you with filing of trademarks, in trademark examination proceedings and in case of trademark oppositions.
01
Trademark applications
National German, European and international trademark registrations, German trademark; EU trademark EUIPO; International trademark WIPO
02
Oppositions and Appeals
Representation in opposition proceedings and appeal proceedings before the GPTO or Federal Patent Court in Munich and the European office EUIPO in Alicante, Spain
03
Trademark infringement
Advice on trademark conflicts and trademark related contracts (franchise; licence agreement for trademarks), trademark licences, trademark infringement proceedings
04
Trademark searches and expert opinions
Trademark searches national and international, trademark development and trademark strategies, expert opinions on trademark infringement (trademark infringement opinions), expert opinions on legal questions in trademark matters
Trademark application
Trademarks and logos for products and services are registered by means of an application for example at the German Patent and Trademark Office (DPMA). A trademark application consists of a sign (verbal sign, figurative sign or combination) and a list of goods/services, which shall be advertised and distributed with the trademark. After successful examination of the trademark application by a trademark examiner of the office, the trademark is registered and published.
If there are any objections against registration by the examiner they are forwarded to the applicant (or his patent attorney). To these objections one may respond appropriately. After publication of the trademark, third parties may file an opposition, if there are any reasons against the registration of this trademark.
Procedure
Application
Filing of trademark application at the patent office GPTO or EUIPO (EU trademark) with reproduction of the trademark (word mark, logo, word/figurative mark) and formulated list of goods/services, payment of fees Patent Office
Formal examination
Examination of formal requirements by the office (GPTO, EUIPO). Possibly official communication about objections and reply by patent attorney.
Examination
Examination of the trademark for possible grounds for refusal like distinctiveness, need to keep free. In case of objections by the examiner, official examination communication and reply by patent attorney with arguments
Registration and publication
After a successful result of the examination by the Trademark Office, the registration and publication of the trademark take place. Within three months, third parties may file an opposition to the registration with the Office, on the basis of earlier rights
Lifetime of a trademark and cancellation procedure
The duration of trademarks is 10 years from the filing date and can then be extended every 10 years by paying fees (no maximum duration or term of protection). After expiry of the opposition period, a trademark can still be challenged by way of a request for cancellation or an action for cancellation on the basis of earlier rights
Decision of the GPTO
At the end of the examination, the German Patent and Trademark Office GPTO decides on registration of the trademark or rejection and cancellation if the opposition is wholly or partly successful
