Germany (DE)

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03-15-2010 (Newsletter Issue 8)
Filing of Design Applications Electronically
Design applications can be electronically filed at the German Patent and Trademark Office (DPMA) from March 1th, 2010.

For more information please click here

10-15-2009 (Newsletter Issue 4)
Postal Address of Trademark Office Changed
Please note that after Nov 1st, 2009 only the following postal addresses must be used:

80297 Munich for key accounts or
Zweibrückenstraße 12, 80331 Munich.

Documents will no longer be accepted at Cincinnattistraße 64, Munich

Legal basis is the Trademark Act of October 25th, 1994 (last amended November 27th, 2003) and the Trademark Decree of November 30th, 1994 (last amended September 1st, 2003). Germany is a member of the Madrid Agreement, the Madrid Protocol and the European Union. The international classification of goods and services consisting of 45 classes has been adopted. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition. Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, colours, colour combinations, the three-dimensional form of a good or its packaging as well as sound marks and any combination of the mentioned signs. Olfactory marks can be registered in certain cases. Since October 15th, 2003, a sonogram cannot be filed as a graphical representation of a sound mark any more.
The following trademark types are registrable: trade marks, service marks and collective marks.
All trademarks protected in one part of Germany during the period of separation have been protected in the reunited country since May 1st, 1992.
The application is filed at the Trademark Department of the German Patent and Trademark Office.
Multiple-class applications are possible.
Foreign applicants do not need a domestic registration.
Foreign applicants need a local agent.
A power of attorney is not necessary.
The processing time from first filing to registration is approx. 6 to 9 months.
The first office action is taken after approx. 2 months.
An urgent examination within 3 to 6 months is possible after payment of an additional fee.
The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks. After registration, the trademark is published in the weekly “Markenblatt”. Since issue 1/2004 the “Markenblatt” has been published only electronically (Internet address: http://publikationen.dpma.de/DPMApublikationen/shw_tm_idx.do).
The opposition period is 3 months from the publication date of the registration.
Protection begins with the date of application, but the trademark is only valid after successful registration. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
If the trademark has not been used within 5 years from registration (or the end of the opposition procedure) or has later not been used for a continuous period of 5 years, it may be subject to cancellation. If no party has requested cancellation due to non-use during this time, subsequent
use of the trademark can restore protection.
Use of an identical Swiss trademark, which is registered for the same goods/services in Germany and Switzerland, counts as valid use in Germany and vice versa if the trademark owner has place of business and legal seat in either of the two countries (German-Swiss Agreement regarding mutual patent, design and trademark protection of April 13th, 1892, Art. 5)
The official fee is EUR 300.00 for up to three classes. For each additional class the official fee
is EUR 100.00 per class.
Search type First class Add. class
Word Mark Search (availability) 240,00 € 35,00 € 
Word Mark Search (identical) 60,00 € 5,00 € 

The Prices above are S.M.D. Markeur Search Fees


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Patentbüro Paul Rosenich AG
Paul Rosenich
Paul Rosenich
Büro- und Gewerbezentrum BGZ
9497 Triesenberg
Liechtenstein (LI)
Tel +423 265 33 00
Fax +423 265 33 01
office@rosenich.com
www.rosenich.com

Paul ROSENICH, Dipl. Ing. NTB, LLM, independent European and national (CH, LI) Patent Attorney, Swiss mediator for IP-Disputes; CEO of PATENTBUERO PAUL ROSENICH INC in Triesenberg, Liechtenstein and in Buchs, Switzerland.

Patentbüro Paul Rosenich AG has been established in 1998.

The main focus of our work is not only drafting and filing of intellectual property rights (in particular Patents, Trademarks, Designs, Domain Names and Licenses), but also defending those rights before IP-Offices and Courts. We also successfully file oppositions, complaints and actions for declaration of invalidity. Of course we also successfully defend in such actions mentioned before. Our Team covers European Patent Attorneys and representatives before the Swiss Patent Office (IGE), the Germany Patent- and Trademark Office (DPMA), the Hungarian Patent Office, the US Patent Office, the Trademark Office of Liechtenstein and the County Court of Liechtenstein. We represent also before the World Intellectual Property Organization (WIPO), the Office for Harmonization in the Internal Market (OHIM), European Patent Office (EPO) and cooperate with Patent Attorneys and Attorneys at Law worldwide. We also offer Mediation in the field of intellectual property in our branch office in Buchs SG/Switzerland.

Rechtsanwälte Heissner & Struck Partnerschaft
Dr. Christian Lemke
Dr. Christian Lemke
Hudtwalckerstraße 11
22299 Hamburg
Germany (DE)
Tel 040 / 413 05 38-0
Fax 040 / 480 23 32
lemke@heissner-struck.de
www.heissner-struck.de

Dr. Christian Lemke was born in Hamburg in 1963. After his first state examination at the University of Hamburg he spent his legal in-service training preceding the second state examination, among others, with the Federal Cartel Office in Berlin, the Higher Regional Court of Hamburg, a law firm in Los Angeles and the German American Chamber of Commerce in Chicago. Dr. Christian Lemke has been attorney at law since 1993. Since 1996 he has been partner of HEISSNER & STRUCK.

Dr. Christian Lemke's practice areas are intellectual property law, copyright law, and IT-law. He is both Certified IP-Lawyer (Fachanwalt für Gewerblichen Rechtsschutz) and Certified IT-Lawyer (Fachanwalt für Informationstechnologierecht).

BAUER WAGNER PRIESMEYER Patent- und Rechtsanwälte
N/A
Grüner Weg 1
52070 Aachen
Germany (DE)
Tel +49 241 51 000 200
Fax +49 241 51 000 299
PAe@PAeRAe.de
www.PAeRAe.de

BAUER WAGNER PRIESMEYER Patent- and trademark attorneys and lawyers

We offer trademark full-service:
branding – legal advice – searches - applications – portfolio management – watch services – litigation - licensing

Excellency derives from doing exclusively what you do best!

Need some statistics?
How many of your trademark applications have been successfully registered in the long run? 50%? - 60%? - 75%? We believe in close examination and legal advice before applying for trademarks. That's why we do not hide our statistics:

2006: 34 out of 48 applications registered,
(79,8 %)
2007: 43 out of 47 applications registered,
(91,5 %)
2008: 42 out of 42 applications registered,
(100,0 %)
2009: 49 out of 49 applications registered,
(100,0 %)

Be it entrepreneurs (new start-ups, small and medium-sized companies, large scale enterprises), freelancers, tradesmen, hospitals, research institutions, federal or regional ministries: To get a share in success you will need experienced advisors and consultants with various core competencies to keep an eye for the bigger picture.
Get acquainted with our competencies and visit our website. Step closer to solving your problems.

FPS Rechtsanwälte & Notare - Fritze Wicke Seelig
Christiane Wolff, LL.M.
Christiane Wolff, LL.M.
Eschersheimer Landstraße 25 - 27
60322 Frankfurt am Main
Germany (DE)
Tel +49 (0)69 95957-243
Fax +49 (0)69 95957-222
schepp@fps-law.de
www.fps-law.de

FPS Rechtsanwälte & Notare is one of Germany’s leading independent law firms. The firm’s core competencies are IP/IT, corporate and commercial law, real estate, and public sector law. With more than thirty attorneys cross-office, we are one of the largest IP practices in Germany and are able to provide counsel and representation in all aspects of intellectual property rights as well as advice on large IT projects. Our trademark practice is a core area of our IP work.

Christiane Wolff´s main field of practice is trademark law wherein she advises national and international clients on the development of trademark strategies, represents clients in national, European and international trademark applications and secures their registered trademarks by contracts, office proceedings and litigation. In addition, she maintains and monitors trademark portfolios. Furthermore, Ms. Wolff advises and represents companies regarding license agreements and general intellectual property law questions. Another field of expertise from Ms. Wolff is unfair competition law in which she advises companies on advertisement campaigns and Internet presences and represents clients in infringement processes. Ms. Wolff received her law degree from the University of Freiburg im Breisgau, Germany, and her Masters of Law (LL.M.) degree from Boston University, Boston, MA, USA, concentrating on Intellectual Property Law. She was admitted to both, the German Bar and the New York State Bar in 2005.

Klinger & Kollegen
Dr. Alfred N. Klinger
Dr. Alfred N. Klinger
Bavariaring 20
D-80336 Munich
Germany (DE)
Tel +49 (0)89 54 42 54-0
Fax +49 (0)89 54 42 54-99
mail@klinger-iplaw.com
www.klinger-iplaw.com

Klinger & Kollegen has been established in 2002, emerging from a law firm that has already been founded in 1995.

Together, the law firm’s attorneys and patent attorneys form a team of experts that is specialized in national and international intellectual property law as well as commercial law and is supported by a staff with many years of professional experience.
We offer extensive services and continuous support in matters concerning the protection of intellectual property rights such as trademarks, patents and designs.

Our services range from the execution of application and grant procedures to the enforcement, marketing, and defense of such intellectual property rights.
Our firm’s location in Munich allows us to personally look after our clients’ interests, both at the German Patent and Trademark Office (GPTO) and the Federal Patent Court for national trademark, patent and design proceedings as well as at the European Patent Office (EPO) for proceedings concerning the European Patent Convention (EPC).

The law firm’s attorneys and patent attorneys are active members of various intellectual property societies in Germany and other countries and have also impressive academic and publication track records.

Our many years of international experience have established us within a world wide network of first-class co-operating law firms.

LexDellmeier IP Law Firm
Alexandra Dellmeier-Beschorner
Alexandra Dellmeier-Beschorner
Rundfunkplatz 2
80335 Munich
Germany (DE)
Tel +49 89 599 887 140
Fax +49 89 599 887 211
info@lexdellmeier.com
www.lexdellmeier.com

Counseling. Legal & Technical. Only IP.
LexDellmeier, headquartered in Munich, Germany, offers innovative and creative in-depth counseling. In addition to the non-technical fields such as trademarks, designs and copyrights, we, in cooperation with patent attorneys, advise clients in technical fields with respect to patents and utility models.

We search, prosecute, litigate and counsel in the following areas:

- Trademarks
- Licensing
- Designs
- Parallel imports
- Copyrights
- Product piracy
- Domain names
- Patents
- Anti-trust law
- Utility models

Just recently, on 4 June 2010, LexDellmeier has been chosen as the winner of the Global Award in the category “Small IP Law Firm of the Year in Germany” by Corporate Intl Magazine.



Experienced. Focused. Client-oriented.
LexDellmeier takes a fresh approach when it comes to our clients' IP needs. We go beyond merely offering "dry academic expertise". Rather, we focus on the relationship with our clients and their needs. We strive to understand our clients' business so we can be their "strategic partners". We combine “out of the box” thinking with technical excellence, pro-active strategies and clear communication to maximize our client’s IP protection.
Knowledge - Power - Success - We believe that knowledge is power, the basis of our client’s success.

Founder: Alexandra Dellmeier-Beschorner
Alexandra Dellmeier-Beschorner is Attorney at Law, has an additional qualification as a Certified IP Attorney and is the founder of the LexDellmeier IP Firm in Munich, Germany. She lived and worked for a total of six years in the US and also received practical training in Israel.

- May 2009: Founding of LexDellmeier IP Law Firm
- 2003 - April 2009: KUHNEN & WACKER IP Law Firm, Freising, Germany (Equity Partner as of January 2006)
- 2001 - 2003: IP in-house counsel of Merchandising Media GmbH / ProSiebenSat1 Media AG, Munich, a German TV and networking station
- 1998 - 2001: Employee of a Munich IP Law Firm and private practice for a German Anti-Piracy Organization

For more information please click here

Deutsches Patent- und Markenamt (DPMA)
Zweibrückenstraße 12
80331 Munich
Germany
Tel + 49 89 21 95 0
Fax + 49 89 21 95 22 21
www.dpma.de
or:
Deutsches Patent- und Markenamt
Goethestrasse 1
07743 Jena, Germany
Tel. + 49 36 41 40 54
Fax + 49 36 41 40 56 90
Send applications to the Munich office.

European Patent Office (EPO)
Erhardtstrasse 27
80469 Munich 2
Germany
Tel + 49 89 23 99 0
Fax + 49 89 23 99 45 60
www.epo.org

Office for Harmonization in the Internal Market (OHIM)
Avenida de Europa 4
Apartado de correos 77
03008 Alicante
Spain
Tel + 34 96 51 39 10 0
Fax + 34 96 51 31 34 4
www.oami.europa.eu

World Intellectual Property Organization (WIPO/OMPI)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel + 41 22 33 89 11 1
Fax + 41 22 73 35 42 8
www.wipo.int