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…
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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…
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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…
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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…
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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…
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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…
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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 readingAn international trademark registration via the Madrid System is a simple and inexpensive way to achieve trademark protection for many countries with one central application. The underlying Protocol to the Madrid Agreement now has 112 participating countries. Since regional organizations such as the European Union are also members, up to 128 countries can be reached…
Further readingThe 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 readingWhen 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…
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