Trademark Lawyer Europe

Trademark Lawyer Europe

Trademark Lawyer

A lawyer for trademark law supports you with a trademark application and in trademark oppositions and trademark cancellation proceedings before the European Intellectual Property Office (EUIPO). Because not only the use, but already the registration of a trademark can represent an expensive trademark infringement by trademark application. The help of a trademark lawyer is also necessary when it comes to the question of whether a trademark infringement has occurred. There are often complex questions to be answered here, such as whether a sign is “used as a trademark” whether there is a likelihood of confusion, or whether the "exhaustion principle" permits the use of another's trademark. At the latest when it comes to court proceedings in trademark law, for example in preliminary injunction proceedings, you absolutely need a lawyer who is authorized to represent you before the regional courts.

Legal representation in trademark law

Attorney-at-law (Rechtsanwalt) Thomas Seifried has been a spezialized attorney-at-law for intellectual property law ("Fachwanwalt für gewerblichen Rechtsschutz") since 2007. Has over 20 years of experience in trademark law and has conducted several hundred proceedings with many demonstrable successes.

Trademark Law

Trademark law in the narrower sense is the right of trademarks as signs or designations identifying goods or services. In a broader sense, this includes all trademarks regulated in the Trademark Act, including, for example, protected company signs and work titles.

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Free initial assessment of your case

Attorney for trademark law Thomas Seifried has over 20 years of experience in trademark law and has also been a specialist attorney for intellectual property since 2007. He is an author of specialized books and has conducted many successful proceedings before courts and the trademark offices.

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Free initial assessment

Our initial consultation in trademark law is free of charge.

+49 69 9150760

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EU and German trademark application

Trademark types, protectability, application strategies - What you need to know about a trademark application

Opposition proceedings before EUIPO and DPMA

What you need to know about opposition procedures before EUIPO and DPMA against the registration of a German trademark or an EU trademark

What is a trademark?

Trademark as a legally protected sign with a right of interdiction

A trademark is a legally protected sign (designation, logo, possibly also a color). It serves to distinguish the goods or services of one company from the goods or services of another company. A trademark is intended to indicate that the goods or services originate from a particular company (origin function). In contrast to a company mark, which identifies a company or part of a company (e.g. "Amazon"), a trademark always identifies a product (goods or services). A trademark gives its owner the right to use the protected or a similar sign for identical or similar products.

However, a logo or designation must also be "used as a trademark" for this use to be a trademark infringement in the first place.

When do you need a lawyer for trademark law?

Do you need a trademark attorney for trademark protection?

  • An attorney for trademark law is already helpful for the trademark application at an office, but not absolutely necessary. However, such a lawyer can already provide valuable information in order to avoid a rejection of the trademark application. A trademark attorney can, for example, check whether a sign (logo, designation, etc.) is protectable under trademark law at all or on the scope of protection of word/figurative marks. Especially in the case of compound trademarks, he can help to point out non-distinctive or misleading components. He can also point out the appropriate trademark protection strategy in the case of applications for several countries.
  • Before filing a trademark application, it is imperative to conduct a trademark search. This is because the very filing of a trademark application can cause a trademark infringement. In order to be able to carry out a trademark search at all, one must know which earlier rights can collide with a trademark to be applied for. This is not possible without in-depth knowledge of trademark infringement.

Do you need a trademark attorney in trademark infringement cases?

  •  In trademark opposition proceedings and cancellation proceedings before the offices (DPMA, EUIPO) and the Federal Patent Court, the engagement of a lawyer is not mandatory. However, it is strongly recommended to do so in order to avoid legal disadvantages, e.g. by failing to raise a non-use objection.
  •  It is also helpful to hire a trademark attorney for advice and representation in cases of trademark infringement and trademark piracy. It is true that a patent attorney can also pursue trademark infringements out of court with a warning letter wirh cease-and-desist declaration in trademark law. However, if the opponent does not issue a cease-and-desist declaration with a penalty clause and the trademark infringement becomes pending before a court by way of a lawsuit or preliminary injunction, it is imperative that you hire a lawyer. This is because patent attorneys are not allowed to appear before the competent (district) courts without a lawyer.
  •  It is also helpful to hire a lawyer for advice and representation in the case of infringements of company trademarks, company names and work titles and trademark infringements through Google Adwords or search engine optimization (SEO), as well as in the case of
  •  advice and representation in the case of geographical designations of origin (e.g. "Made in Germany").
  •  Whether there has been a breach of a cease-and-desist agreement following the submission of a cease-and-desist declaration with a penalty clause can often only be reliably assessed by a lawyer for trademark law. He can check whether a cease-and-desist agreement has been concluded at all and whether the contractual penalty claim is justified.



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Cancellation of a German or an EU trademark at the EUIPO and DPMA

"Distinctive character" in trademark law

What does "distinctive character" in trademark law mean?