Business identifiers. Versatile and smart. We are your experts in all matters relating to business identifier laws.
Business Identifiers
As a branch of trademark law, commercial designation laws are the law on business identifiers is often underestimated. Not so with us!
German laws surrounding trade names and other business signs and identifiers while rudimentary and lacking uniformity are nonetheless complex. This being said, it is nevertheless worthwhile to take strategic advantage of the many legal possibilities that are allowable under the law. Our partner, Michael Goldmann, possesses unparalleled expertise in this domain. As the author of the definitive legal treatise on the subject, he, along with his team, offers comprehensive counsel and advice on all facets of protection for company signs and trade names under German law.
We provide guidance on the protectability of your sign or mark, represent you in court to enforce your rights, or defend against third-party challenges. Additionally, we offer counsel if company signs or trade names are involved in a transaction or licensing agreement.
Name protection under general civil law can be an important way to complement trademark protection. Let us advise you to avoid gaps in protection.
Trademark or business identifier protection applies exclusively within the realm of commerce. Trademark law offers no protection against the misuse of such signs or marks by private individuals, and therefore protection is required under general civil law. Under certain circumstances, enterprise personality rights available under German civil law may also offer additional rights of protection.
Our expert advice – including in the ancillary areas of trademark law – ensures your complete protection.
On the subject: From our IP blog
If a business is held liable by another for an (alleged) infringement of their business identifier, the question always arises as to whether and how one can defend oneself against such claims. In most cases, consideration is then given to whether the business identifier lacks the distinctive character required for its protection. Or the question is raised as to whether the business identifier is used in the course of trade for a specific business operation close enough to the other party’s business. Or the questions of priority or similarity of signs and much more is dealt with. It is relatively seldom considered whether the business identifier may not enjoy protection at all because it is misleading and how this can be most effectively asserted in court. This article sheds a little light on this topic.
Three reasons for choosing HARTE-BAVENDAMM
Satisfied clients, numerous top-tier rankings, major professional publications, extensive litigation experience: intellectual property law is our core competence.
We represent your interests with ingenuity and dedication. We protect your intellectual property and develop creative strategies. Complex cases are our strength.
As a reliable partner, we provide our clients with resolute, poised, and effective guidance. In challenging conflict scenarios, our team is well aware that cooler heads always prevail and excel at delivering valuable and advantageous solutions to our clients.
