Too expensive, too elaborate, too uncomfortable, no time?
Those who do not protect and defend their brand are facing increasing problems, because new media, more aggressive advertising and mercilessly exploiting competitors do not take such sensitivities of careless market participants into consideration.
Brands often represent considerable intangible assets that need to be protected and preserved in the tough day-to-day business world – those who don’t do so will fall by the wayside. Many of those affected don’t even know whether and why they should have a brand protected. In addition, especially start-ups shy away from supposedly costly brand protection, even though it’s existentially important in this area.
What is a brand?
All signs, in particular words including personal names, illustrations, letters, numbers, sound signs, three-dimensional designs including the shape of a product or its packaging and other presentations including colours and colour combinations may be protected as trademarks.
On the one hand, there are
- registered trademarks which are created by the registration of a sign in a register, for example that of the German Patent and Trademark Office.
- Use trademarks, which can result from the use of a sign in the course of trade and finally
- notoriety trademarks which are present when the mark is well known in the national territory.
On the other hand, one differentiates between
- word marks,
- figurative marks,
- three-dimensional marks,
- tracer marks,
- sound marks and
- other trademarks.
The most common forms of trademarks are the word mark and the figurative mark. Even an odour can basically fulfil the function of a trademark, i.e. to distinguish the goods or services of one company from those of other companies (so-called olfactory mark).
Trademark law also protects business identifiers and work titles. The protection here arises through mere use. A business identifier is the name, the company name or the special designation of a business or enterprise. Work titles are names or special designations of printed matter, film works, sound works, stage works or comparable works. They enjoy protection by the commencement of use for a work.
The owner of a trademark has the right to exclude others from the use of the protected brand and, in the event of infringements, to demand injunctive relief, removal and compensation.
LHR – The Trademark Law Firm
Trademark law is a multi-step process that begins with the search for a brand name, includes the registration and care of the brand and may involve the defense of trademarks against third parties. Specialist firms such as LHR “Brands, Media, Reputation” act to preserve rights in the arena of commercial legal protection. LHR stands for the partners Lampmann, Haberkamm and Rosenbaum and is a specialized boutique law firm specialized in industrial property law and press law based in Cologne with a branch office in Vancouver, Washington.
In addition to safeguarding one’s brand, LHR trademark protection also maintains the rights to this brand and researches and initiates measures against those responsible in cases of infringement. Product developers and those who produce creations of value must accept the fact that there is no automatic sanctuary for good ideas. While ideas may be unrestricted, no businessperson should even consider using someone else’s protected brands.
However, there are legal options that should be employed if the success of your project is a priority. We will take care of the execution of effective cease-and-desist declarations, use warning letters to set deadlines and create clear-cut settings through the use of preliminary injunctions – promptly and reliably.
Your trademark mandates are in good hands with the Brand Service of LHR. We offer you an all-around service for your brand. LHR has already suppressed infringing and defamatory attacks on brands of its clients in countless legal proceedings. In the process, LHR has provided a significant contribution to successful marketing strategies.
International prosecution of rights
Rights must – if possible – also be protected across borders. Competent rights protectors know how to apply for trademarks in the target markets of their clients and how to guarantee trademark protection in a reasonable way. Especially in the US market, LHR is often the first choice for the protection of trademark rights of American companies in Europe.
Alongside defending against specific attacks on intellectual property, the Law Firm of LHR is also considered as one the leading firms with regard to the conception, registration and maintenance of valuable brands. The Brand Service initiated by LHR will quickly and precisely inform you about everything that you need to know about registering your brand. This is also where you can check if your desired brand name is still available.
Birgit Rosenbaum, specialist attorney for industrial property law, a partner at LHR and responsible for the trademark law: “Brands define products and services of a company. They may represent the quality of a company and are considered a part of its intellectual property. Strong brands are an asset that should not be underestimated. Aside from their registration, the development and care are fundamental responsibilities of their maintenance. We are happy to assist you or your company in this regard.” [/box]
Our services in trademark law
Legal advice on products, ideas or services that need to be protected
We provide the basics: Is the brand name still available, can your brand be protected and which class listing is offered?
We assert your claim for injunctive relief and use warning letters and preliminary injunctions to minimize the damage in a timely and effective manner
We ensure appropriate compensation for damages
We formulate and oversee licensing agreements
- International prosecution of trademark infringements
- Start-Up consulting in trademark law
- Strategic management of trademarks and intellectual property rights
- Advice on all aspects of the law-preserving use of trademarks