Region: Germany

Managing a pharmaceutical trademark portfolio with the assistance of outside counsel

Featured in Pharmaceutical Trademarks: A Global Guide 2018/2019

Responsibility for a company’s portfolio is frequently placed in the hands of a few specialists. Often, this is not the only task carried out within the department. However, the legal protection of trademarks requires a high degree of specialisation.

13 March 2018

Litigation procedures and strategies: Germany

Featured in Trademark Litigation: A Global Guide 2018

The relevant legislation for trademarks in Germany are the Trademark Act and the Trademark Ordinance. Since Germany is a member of the European Union, the EU Trademark Directive (2015/2436/EC) applies. EU trademarks cover Germany.

21 December 2017

Protecting and enforcing design rights: Germany

Featured in Designs: A Global Guide 2018

German registered designs are governed by the Design Act, which was recently renamed to reflect the fact that German registered designs are now officially called ‘designs’, rather than the previously used ‘aesthetical models’. This is an interesting inconsistency in German law, as the official German name for registered Community designs is still ‘Community aesthetical model’, even in the Design Act itself.

11 December 2017

Germany’s hearty trademark scene and stunning courtroom win rates: exclusive data analysis

The latest country data report focuses on Germany. We reveal the European powerhouse’s leading sectors and explain how the country’s robust brands have continued to surge in value.

17 November 2017

Uncertain road ahead for quality signs in Germany

The ECJ has clarified that individual marks must be used as indicators of origin in order for their use to qualify as genuine. The decision throws up several issues related to quality signs, most notably in Germany, where certification marks are not recognised

01 November 2017

Germany: Uphill battle for protection of 3D confectionery marks

The confectionery industry is awash with three-dimensional trademarks. However, EU case law demonstrates that brand owners face considerable difficulties registering and protecting their marks

01 November 2017

German Federal Court rules on Google’s Image Search

The Federal Court of Justice has handed down a judgment of utmost importance for the exploitation of copyright on the Internet. The decision, which will become known and referred to under the name Thumbnail III, examined whether the display of preview images in search results constituted an act of making available a copyright work in the sense of the copyright law.

18 October 2017

Germany: Protection for apps remains problematic

Protection for unregistered marks still varies according to the sector. The Federal Supreme Court’s <em class="Alright-italic">wetter.de</em> decision demonstrates that requirements for distinctiveness are higher for mobile applications than other titles of works

01 September 2017

Germany: Case-by-case approach to image rights

In Germany, admissibility of the publication of images rests on the facts of the case. Recent Federal Court of Justice case law could offer guidance on the extent of the right to control one’s own image

01 July 2017

Border seizure measures in the European Union

Featured in Anti-counterfeiting: A Global Guide 2017

As a single market composed of 28 member states with 500 million consumers, the European Union is a highly attractive business market – and a prime target for counterfeiters. The EU Customs Regulation is the most cost-efficient and strongest tool to fight counterfeiting, given the investigative powers of customs authorities throughout the European Union.

18 May 2017

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