In addition to the patent, there is another technical property right, the utility model, which in the past was also referred to as a “small patent”. The utility model enables protection of technical inventions that are new, industrially applicable and based on an inventive step for a maximum protection period of 10 years. Methods are…Further reading
Author: Carina Ehrig
Parallel import of medicines and protection against counterfeiting – ECJ strengthens rights of trademark owners
The ECJ recently provided more protection for trademark owners against parallel importers with three important decisions. In decisions C-147/20, C-224/20 and C-253/20, the question of the need for repackaging was raised against the background of the measures required under Directive 2011/62/EU to control the manipulation of packaging in accordance with Art. 47a of Directive 2001/83…Further reading
WHY IS THE WORD MARK THE MOST POPULAR FORM OF TRADEMARK?
The Oxford Dictionary of Marketing defines brand as “A combination of attributes that gives a company, organization, product, service concept, or even individual, a distinctive identity and value relative to its competitor…” Simply put, businesses invest a lot of time, effort and money into building goodwill in the marketplace based on the reputation and recognition…Further reading
DPMA issues fraud warning
In July, the German Patent and Trademark Office (DPMA) received increasing reports of forged payment requests. The payment requests were said to be associated with invoices relating to trademark matters. In an effort to deceive the recipient, the requests illegally bear the DPMA logo and contain a fake signature from an alleged DPMA official. Some…Further reading
Protection of geographical indications at European level now in the hands of the EUIPO
On April 13, 2022, the European Commission presented the first-ever EU framework to protect the intellectual property rights associated with unique European handicraft and agri-food products (European Commission – Press release of 31 March 2022). The new system will allow for easy and cost-effective registration of geographical indications by introducing a two-step registration process. This…Further reading
How do I correctly utilize my trademark?
The proper use of a registered trademark is essential to maintaining the right to protection against third party violations, and to insure its continued existence. As a general rule, registered trademarks are subject to compulsory use. Use of the trademark must commence within 5 years. Marking a registered trademark with the ® symbol as a…Further reading
Caution when presenting your invention prior to a planned patent application in the United States (US)
Unlike in the European Union, there are various countries, such as the United States, that have a grace period for patents, i.e., a period during which an inventor can make the invention public without this disclosure getting in the way of a subsequent filing of a patent application. In the United States, the grace period…Further reading
China joins the Hague Agreement
The Hague Agreement concerning the International Filing of Industrial Designs (also known as the Hague system) is a simple and inexpensive way to obtain design protection for many countries with one central application. Unlike IR trademarks, this does not require an initial filing in the home country, and international design protection for the EU and…Further reading
Request for examination or search request?
When a German patent application is filed with the German Patent and Trademark Office (DPMA), a request for examination is usually filed immediately in order to initiate the examination procedure. As a rule, the applicant then receives the first office communication approximately eight to nine months after the filing date. This procedure is particularly useful…Further reading
Second law on the modernization of patent law passed
On June 10, 2021, the German Federal Cabinet approved the draft of a second law for the “simplification and modernization” of patent law. Among other things, the bill provides for an amendment to Section 139 of the Patent Act, which governs the right to injunctive relief by the patent proprietor in the event of patent…Further reading