Trademark Lawyer in Düsseldorf, Germany

Trademark rights can be a central business asset. Attorney Oliver Langner advises clients in Düsseldorf on German and EU trademark registration, clearance searches, opposition proceedings, infringement, cease-and-desist matters, interim relief and trademark licence agreements.

Trademark law: key matters at a glance

Trademark registrationPrepare and file German, EU or international trademark protection with a clear goods-and-services strategy. Trademark searchAssess earlier identical or similar signs before filing or launching a brand. Trademark cease-and-desistReview or pursue infringement claims, declarations, deadlines and cost exposure. Trademark infringementAssess similarity of signs, relevant goods or services, use in trade and available remedies. DPMA oppositionEnforce earlier rights against a later German trademark or defend an opposed registration. Preliminary injunctionSeek or defend urgent interim relief in German trademark disputes. Trademark licence agreementDefine scope, territory, quality control, remuneration and termination of trademark use.

Trademark protection starts before filing

A filing strategy should identify the sign to be protected, the correct owner, the relevant goods and services and the territories in which commercial use is planned. A clearance search can help identify conflicts that the registration office does not resolve for the applicant.

For Germany, applications are filed with the German Patent and Trade Mark Office (DPMA). EU-wide protection may be sought through the European Union Intellectual Property Office (EUIPO); international protection may be extended through the Madrid System administered by WIPO, depending on the circumstances.

Conflicts, enforcement and defence

Trademark disputes can arise during registration, through opposition proceedings, or later when a sign is used in the market. The assessment normally considers the signs, the goods or services, the distinctiveness of the earlier mark and the concrete form of use.

Depending on the facts, claims may include injunctive relief, information and damages. A cease-and-desist letter or an application for interim relief should be evaluated as part of the overall enforcement or defence strategy rather than in isolation.

Licensing and commercial use

A trademark can also be licensed or transferred. A well-drafted licence should define the permitted use, territory, duration, remuneration, quality standards, sublicensing and what happens when the relationship ends.

Official sources: For German trademarks see the DPMA; for EU trademarks the EUIPO; for international registrations the WIPO Madrid System.

This overview describes typical issues under German and EU trademark law. The appropriate strategy depends on the specific sign, rights, markets and procedural situation.

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