Markenrecherche - Grundlagen und Durchführung (German Edition)

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Often a patent search is conducted in order to determine whether the result of a development is new and whether it comprises patentable aspects which are worth to be protected.

The result of such a search gives an indication regarding the chances of success of a planned patent application. However, a search may also serve in assessing the validity of a patent or a utility model and may bring forth the basis for opposition or nullity proceedings. A search can also have a more general purpose, namely to identify technical information with regard to a particular field of technology in order to find known solutions for given technical problems, in particular such solutions which are considered to be free state of the art technology.

The so-called Freedom-to-Operate-Search serves a further purpose not mentioned yet, namely the purpose of identifying the risks of launching a new product in view of patents and utility models of competitors. If a patent or a utility model of a third party appears to be critical, we assist our clients in evaluating the situation.

We conduct a risk assessment and check for possibilities of weakening the position of the third party.

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If there is a possibility to challenge the validity of the patent or the utility model, we represent our clients in the corresponding opposition and nullity proceedings before the German Patent Office, the Federal Patent Court and the European Patent Office. In the event of actual or alleged infringement of a patent or a utility model proceedings, we assist our clients during judicial clarification before ordinary courts together with lawyers who specialize in infringement proceedings.

Similar to the patent, the registered design or: Registered designs protect the aesthetic form of a product, which may be physical as well as a two-dimensional form. Valid for protection are those designs whose overall impression differs from the known variety of designs. It is a part of our services to prepare design applications for our clients. Following a consultation with our clients we select the most appropriate type of application. If applicable, the filing of a multiple application with multiple designs and the required territorial coverage will be discussed.

The scope of protection of registered designs is measured according to whether a registered design and a possibly infringing product give the same overall impression. This must be taken into consideration when deciding whether the submission of one or more patterns in the context of a multiple application is appropriate and which presentations could achieve the desired scope for the registration.

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Besides the question of which perspectives are useful for presentation, the question of the type of presentation photographs, line graphics, computer-generated representations should be considered. In some countries, in particular in the US, exist quite precise specifications for each type of presentation. The design of a product often represents a significant recognition value. Proceedings for design infringement are mostly directed against companies which deliberately mimic an original design in order to give the impression that they are offering the original product.

We represent our clients in such conflicts. If necessary we initiate direct action at trade fairs where products which infringe upon a registered design are exhibited. A trademark identifies the manufacturer or seller of a particular good or the provider of a service and allows to distinguish the good or service in the market. A registered trademark gives its owner the opportunity to prevent third parties from using the trademark in connection with goods or services for which it is registered. Beyond that it protects its owner from trademarks and other identification rights of third parties which have been acquired after its registration.

We file trademark applications in most countries of the world. Trademark protection in Germany or in the European Union is obtained by filing a German or European trademark application. This protection may be extended to other countries by filing an application for an international registration.

In countries not coverable by international registrations protection can be obtained by filing national trademark applications. The main components of a trademark application are the trademark itself and the list of goods and services for which protection is claimed. Graphical elements without textual content can be registered as a trademark figurative. In addition to these basic types of trademarks some other trademark types exist: A three-dimensional design of a product or a colour of a product can both be protected as a trademark 3D trademark, colour trademark.

Also the selective use of decoration on a predetermined area of a product can be protected as a trademark positional trademark. The list of goods and services is grouped into trademark classes. We advise our clients with regard to a suitable choice of the respective type of trademark and prepare the lists of goods and services for registration of the trademark in consultation with them. Trademark applications are either filed by ourselves or by foreign colleagues.

After the filing we accompany the registration proceedings to the registration of the trademark.

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Before the filing of a trademark application, and, even more important, prior to the start of a trademark use, it is usually necessary to conduct a trademark search to identify any existing prior rights of third parties. Such a search is either conducted by ourselves or by an external service provider. We evaluate the results of the search and make suggestions based on our findings. The purpose of the search is to acquire information on older brands and trademarks which could be critical with regard to a trademark application to be filed or with regard to the use of a trademark.

The simplest form of the trademark search is an identity search. An identity search covers earlier trademarks whose brand signs are identical or almost identical to the own trademark and which are registered for identical or similar goods or services. Such an identity search should be carried out before each filing of a trademark application.

Similarity research goes beyond identity search and covers trademarks whose brand signs are not only identical or almost identical but also similar to the trademark to be filed or used. A similarity search is particularly recommended if an unexpected trademark collision could result in considerable financial loss. If a trademark owner does not act against the registration of trademarks that are similar or even identical to the own trademark registration, permanent and unassailable rights of third parties may arise.

For this reason it is advisable to monitor trademark applications and registrations published by the patent and trademark offices. We offer such monitoring as part of our services. External service providers inform us about every trademark application and registration that is similar to a monitored trademark. The results of the monitoring are evaluated, filtered and submitted to our clients for decision upon further action.

The monitoring of trademark registrations of third parties is useful in order to obtain early knowledge of third parties registered trademarks and trademark applications. This is important in order to be able to act against the registrations. Trademark monitoring is usually directed towards specific trademarks conflict monitoring. If a trademark with a brand sign that is identical or similar to the monitored trademark is found, we analyze the degree of similarity and give an advice to our clients if we believe that a more detailed examination is appropriate.

In addition to conflict monitoring applicant monitoring can be set up. In the case of a trademark collision or a potentially improper use of a trademark we advise and represent our clients prior to any proceedings and, if necessary we assist them before the respective offices and courts in the event that official or judicial clarification is unavoidable.

Avenida de Europa, 4 E Alicante Spanien. About Us Cartagena is an intellectual property law firm located in the heart of Stuttgart. About Our Clients We are very proud of our clients. Our Range of Services We advise our clients on all aspects of intellectual property law and the related areas of law. Our core areas of activity are determined by the main intellectual property rights: Registration and Examination Procedure We offer to accompany our clients product development at an early stage in order to identify possibilities of protecting intellectual property generated during the development and also to consider the risks of potential infringement of intellectual property belonging to third parties.

Monitoring and Search Hundreds of thousands of patent applications are filed each year. But the Malaysians rolled back into the game as quickly as they fell behind in the second quarter. But Argentina failed to capitalise on this situation.

Plenty of attacking from both teams in the third quarter which kept fans on their toes but the defence has been nothing but solid. The Malaysians continued the push in the final lap of the match and earned their third penalty corner. However, at the final hooter the Malaysians claimed a field goal but were denied after a review of the video referral.

It was not a very good start to the game as 38 seconds into the game Argentina scored the first goal.

We were one-goal down and as we tried to chase but went further down But I think it was a good fightback. We were more tight in our defence and played more compact in midfield and got a chance to come back to level I am very proud of the players, the way they played today. They left everything on the field and gave everything that they had.

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We cannot ask for more. Where they are today in their preparation for the Asian Games I think this is what they can give.

It has been tough playing six games in eight days but it has been a wonderful experience for the boys. The young boys have learned a lot. They made mistakes and will come out of it as we prepare for the commonwealth Games in two weeks time.

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