Trade Marks

“Trade marks create individualism – they distinguish.”

We advise our clients over the entire range of trade mark and design law – and have been doing so as specialists for more than 130 years. Whether you are an international group, a medium-sized company or a private individual – we will stand by you as your experienced partners. Along with our long-standing network of specialised fellow attorneys around the world, we can assist you in both the national and international contexts.

Weickmann & Weickmann establishes extensive trade mark portfolios and then monitors and attends to them. It goes without saying that we likewise represent our clients when enforcing property rights in court.

We assist our clients in particular with the following services:

Development

  • Evaluation of the chances for the protection and registration of trade marks
  • Consideration of the risks of collision by means of identity and similarity searches
  • Filing trade mark applications at home and abroad and mapping out individual filing strategies

 

Assistance

  • Analysis, evaluation and administration of trade marks and trade mark portfolios
  • Negotiation on and drafting of contracts and licences
  • Transfer of trade marks and other distinctive signs
  • Monitoring trade marks, conducting opposition and cancellation proceedings

 

Defence

  • Trade mark conflicts and judicial enforcement at home and abroad, in particular warning letters, preliminary injunctions, legal actions, deposits of protective briefs

 

Internet

  • Clarification of problems referring to internet law
  • Registration, administration and monitoring of domain names
  • Detection of infringing online distribution activities as well as of unlawful Google AdWords advertisements

 

Piracy

  • Combating piracy via customs seizure
  • Protection against counterfeiting and piracy at trade fairs
  • Seizure and criminal proceedings at home and abroad 

Designs

“Design is music for the eyes.”

We advise our clients in the entire range of design law (former German “Geschmacksmusterrecht”) – and have been doing so as specialists for more than 130 years. In both the national and international contexts, we will assist you as your partners when obtaining design rights.

Designs protect colour and shape embodiments of (almost all industrially manufactured or crafted) products. Designs grant a monopoly for a limited period of time on the presentation of a product.

Together with our client, we find the appropriate property right strategy. If need be, technical property rights and design rights are filed for simultaneously so as to achieve the broadest possible scope of protection.

We assist our clients in the field of designs as follows, for example:

  • Assessment of the chances for protection, taking the shapes into consideration
  • Evaluation of the scope of protection of design rights
  • Filing design applications at home and abroad and mapping out individual filing strategies
  • Negotiation and drafting of contracts and licences
  • Transfer of registered designs
  • Conducting nullity proceedings for the cancellation of registered designs
  • Design conflicts and judicial enforcement at home and abroad
  • Combating piracy via customs seizure
  • Protection against design and product piracy at trade fairs
  • Seizure and criminal proceedings at home and abroad

 

 

Competition Law, Domain Law and Copyright Law

As a matter of course, we also advise our clients in the fields of competition law domain law and copyright law.

Competition Law

“Competition needs to be fair!”

It goes without saying we also advise our clients in conflicts relating to competition law. Competition law has always been closely linked to industrial property rights (trade marks, designs, patents, utility models, etc.), for instance as ancillary copyright. Thus, claims under trade mark and competition law may be asserted jointly if and whenever necessary.

Domain Law

“First come, first served.”

We secure corresponding domain names for our clients under all current top-level domains. Moreover, we conduct negotiations on the purchase of domain names in the event the latter are already taken. We of course also take action in and out of court against the unauthorised use of domain names.

Copyright Law

“Created – protected”

Copyright originates when the work is created, e.g. a(n advertising) text, a piece of software, a graphic design, a piece of music, etc. Its protection expires 70 years after the author's death. In addition, the name of a work is protected as a work title and may also be protected even further by means of a copyright notice. We assist our clients in drafting copyright licence agreements as well as in enforcing copyright claims, also in court if need be.