Harmsen Utescher

Founded in 1895, Harmsen Utescher is one of Germany’s most experienced and renowned IP boutiques. The firm has one of the largest trademark prosecution departments in Germany, representing some of the most recognised national and international trademark owners. However, the firm is equally known and respected for its high-quality consulting and litigation services.

Harmsen Utescher has 22 attorneys at law and two patent attorneys, and can thus represent its clients not only before the German Patent and Trademark Office, the Office for Harmonisation in the Internal Market (OHIM) and the European Patent Office, but also before the German courts, including the Federal Patent Court, and the European courts, such as the General Court and the European Court of Justice.

From the beginning, Harmsen Utescher has worked both nationally and internationally. Many large and mediumsized companies worldwide put their trust in the firm’s long-established experience and expertise, covering the full range of IP law. As a result, it represents German firms not only in Germany and Europe, but often worldwide, in both prosecution and litigation matters. And where Harmsen Utescher’s attorneys cannot appear before foreign courts and offices directly, they can rely on a strong and well-established network of other highly recognised IP firms all over the world. In this way, it secures and defends its clients’ rights worldwide, always maintaining direct control over the legal matters at issue. At the same time, a considerable part of its IP practice consists of being consulted by and representing foreign firms with regard to all of their IPrelated issues in both Germany and the European Union. This also includes regularly representing foreign firms before the OHIM, the General Court and the ECJ.

As a specialised IP boutique, Harmsen Utescher has outstanding professional knowledge and experience in all IP fields, including:
• German and international trademark law;
• patent and utility model law;
• unfair competition law;
• copyright and design law;
• IT law;
• German and EU antitrust law;
• pharmaceutical and medical products law;
• food and cosmetics law; and
• media and sports law.

In the field of trademark law, Harmsen Utescher helps to develop and implement trademark strategies both nationally and internationally, and enforces its clients’ trademark rights against infringements before the courts and the trademark offices. The firm’s experience in the battle against product piracy and in EU border surveillance supplements its ability to enforce its clients’ IP rights.

The firm’s success stems from the fact that all of its attorneys are specialised and experienced in both prosecution and litigation. In addition, all of its attorneys are familiar with all areas of IP law, which is vital when a trademark case may turn out to have more implications under, for example, design, copyright or unfair competition law than originally expected.

This broad specialisation within the IP field enables Harmsen Utescher’s attorneys to look at a case from all legal aspects and to consider all procedural options, resulting in effective and often innovative strategies for the enforcement and protection of clients’ rights.

This strategy seems to have been effective, since Harmsen Utescher’s client list has always been remarkable, and recognition and respect for the firm in the market are undoubted. It is consistently ranked as a top-tier trademark firm in Germany: accolades include that it "[is] one of the leading IP boutiques in Germany” (Chambers Global 2012) and “enjoys an excellent reputation at the German courts” (Legal 500 Deutschland 2012/2013).

Due to the firm’s international orientation, all attorneys are fluent in English and some are also fluent in French and Italian. Many of Harmsen Utescher’s long-term relationships in the IP world with clients, colleagues, judges and examiners have their roots in the firm’s active membership of organisations such as the International Association for the Protection of Intellectual Property, the American Bar Association, the European Communities Trademark Association, the German Association for the Protection of Intellectual Property, the International Trademark Association, the International Federation of Intellectual Property Attorneys, the Association of European Trademark Owners, the Pharmaceutical Trademarks Group and VPP, where Harmsen Utescher’s attorneys participate as speakers and hold leading positions on numerous committees.