Sustainable strategy. Lasting success. We provide you with comprehensive advice on the strategic development of your IP portfolio.
IP Strategy
We maximize the value and protection of your intellectual property and secure lasting competitive advantages for you.
After analyzing your needs and objectives, we work with you to assess the importance of your intellectual property rights and classify them according to their strategic relevance. We identify potential gaps or weak points through a comprehensive risk assessment. Moreover, we pinpoint which registered rights can ultimately incur more costs in the long run than they provide benefits. Our aim is not to provide theoretical maximum protection, but to offer practical optimum protection.
An international IP strategy requires a differentiated approach.
When analyzing your portfolio, we consider the legal and economic characteristics of your foreign sales markets. In doing so, we can draw on our international network of proven and experienced lawyers.
We provide you with strategic advice on all issues relating to the licensing of your intellectual property rights.
We assist you in granting licenses to third parties to generate additional sources of income and secure the use of your property rights. We also provide support for in-licensing of property rights. Our team ensures that license agreements are clear and legally sound.
On the subject: From our IP blog
In our latest blog post, we take a look at the important EU initiatives to combat greenwashing and the implementation of the EmpCo Directive into German law. We explain the planned changes to the German Unfair Competition Act (UWG) and how companies will have to communicate green claims more clearly and comprehensibly in future. We also look at the practical implications of these regulations for companies and offer valuable tips on how you can prepare for the new requirements. Find out more about the legal challenges and the necessary adjustments.
Brands are valuable assets that need to be maintained and modernized over time in order to remain relevant. However, modernizing a brand is a balancing act. On the one hand, the brand needs to be updated to reflect changing consumer preferences and market trends. On the other hand, it is important to maintain brand identity and recognition. Our blog post sheds light on the legal framework conditions based on European trademark law and analyses what options trademark owners have to adapt and further develop their trademarks without jeopardizing their property rights. We point out the pitfalls to watch out for when modernizing a brand and provide practical tips for successful brand maintenance.
Not only words, figurative elements and their combinations constitute signs that can potentially be registered as trademarks. Section 3 (1) of the German Trademark Act (MarkenG) also refers to a variety of other signs that can potentially serve as an indication of origin and for which registration as a trademark is possible, such as sounds, three-dimensional designs and colours. The following article is dedicated to the latter.
So-called repeat filings, often intended to circumvent the obligation to put the trademark to genuine use and thus taking advantage of further grace periods for the refiled trademarks, might seem attractive in particular to reduce costs. However, they also involve the risk of finding bad faith at least under EU law. The concept of bad faith is not legally defined but is shaped by the respective case-law. In this respect, the “Monopoly” Judgment of the General Court sets forth relevant principles and provides important strategic guidelines. Furthermore, the recent decisions of the Cancellation Division of the EUIPO regarding the trademarks of the famous artist Banksy representing one of his best known artworks, the Flower Thrower, demonstrate the importance of having a sound strategy behind any trademark filing. In the following, we will have a closer look at these cases to illustrate the possible risks of repeat filings and to provide some advice on risk-minimizing trademark filing strategies.
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.
