Trademark and design law

Our trademark experts provide assistance for the development and registration of your trademarks, irrespective of whether they are word marks, figurative marks or combined word/figurative marks, or whether they are national marks, Community trademarks at the Office for Harmonization in the Internal Market (OHIM) or international registrations with the World Intellectual Property Organisation (WIPO). We offer trademark similarity searches, develop individual trademark strategies and generate lists of goods and services tailor-made specifically for your company and products. In the case of an opposition or trademark collision, we contact the holders of prior rights. We draft delimitation or priority agreements and defend your trademarks in civil law proceedings or in proceedings before the national and international trademark and patent authorities. In the event of trademark infringements, we enforce your rights on a national and international level or defend your trademark rights in the case of a warning letter. Our global network of law firms enable us to provide fast, reliable and efficient support also abroad. At the same time, we offer to administrate and monitor registered trademarks as part of our law firm's monitoring system. This will ensure that you do not miss any deadlines. At the same time, it cuts the administrative effort in your company. In addition to patents and utility models, you can also protect industrial designs against imitation by registering them in the Industrial Design Register, provided the designs are novel and have an individual character. Our experts provide advice and assistance for filing and registration of designs as well as for enforcing your rights in proceedings before the national and international trademark and patent authorities as well as in civil proceedings. Moreover, we prepare licence agreements and assist in contract negotiations.

National, European and international trademark strategy

As a commercial business, you pursue different short-term and long-term aims in regard to how and where you want to sell your products and services. It is therefore recommended to prepare a suitable registration strategy even before actually registering trademarks or designs; we can provide support and assistance in this regard. In this way you can save the unnecessary expense of later registration processes, avoid losing protection in prospective markets and can exclude free riders or competitors from your sales territory from the start by obtaining timely protection.

National, European and international trademark and design filing proceedings

We will act as legal representatives in the filing proceedings and carry out any required preliminary similarity searches with the competent patent authorities and assess the eligibility of your trademark or design for protection. This is an important stepping stone for subsequent successful filing and registration of your proprietary right. Especially the recent Case Law of the European Court of Justice (ECJ) in the "IP TRANSLATOR" case established new principles for the classification of trademarks. These should also be taken into account for national and international trademark filings to ensure seamless protection of a Community Trade Mark. Case Law relating to the filing of designs is also in constant flux and must be taken into account to obtain the best possible protection.

Management of trademark, industrial design, patent and utility model portfolios

The professional management of your proprietary rights by our law firm offers the following advantages:

  • meeting future deadlines until renewal of your proprietary rights
  • administration of your portfolio of intellectual property rights
  • recording of the proprietary rights in a computer-based database
  • overview of your proprietary rights in a file and in writing
  • checking of received (dubious) offers / requests for payment
  • relaying information from national patent authorities (DPMA and ÖPA) including a brief report
  • relaying information from the Office for Harmonization in the Internal Market (OHIM), including a brief report in the case of younger trademarks at risk of collision
  • relaying information from WIPO including a brief report
  • listing as legal representative in the respective registers (thus serving as a point of contact, in particular for third parties).
  • transmission in the case of alleged collisions by more senior trademark, design or patent holders following registration of your proprietary right
  • verification and timely remittance of renewal fee.

An important tool is our "monitoring" system which informs you about recent trademark registrations on a national, European or international level. We gladly take over the entire processing and correspondence to relieve the administrative input on your side. We will provide you with a clear and comprehensible assessment and a legal recommendation, for example to commence opposition proceedings or a written request to delete or modify the proprietary right.

Trademark, industrial design and patent licence agreements

Suitable licence agreements can only be prepared once your innovations are properly protected. In line with your products or services, the contracts take the implementation by the licensee desired by you in particular in regard to geographical and time-related respects and create the necessary foundation for a solid cooperation in Austria and on an international level.