Intellectual property management

MAINTAINING YOUR TRADEMARKS

Monitoring legal infringements

How do I prevent third parties from registering identical or similar trademarks?
Can I take legal action against younger trademarks?
Is domain monitoring an option?
Do I have to renew my trademarks personally?

If you have invested in trademarks for your product or company name, you should look after them. Because the entire meaning and purpose of building a brand is above all to distinguish your company and point to a certain level of quality. The recognition effect plays a key role in this. For this reason, it makes sense to monitor trademarks for identical or similar registrations as well as any legal infringements. In addition, your trademarks must be renewed in good time every ten years.

The goal of effective
intellectual property management

The aim is to prevent the registration and/or use of identical or similar trademarks in the same or similar fields of activity. At Klinger & Kollegen we offer a wide range services in this context, including monitoring of trademark collisions and domains.

Trademark collision monitoring involves checking new trademark registrations of goods and/or services in the same or a similar fields of activity to determine whether they are identical or similar to the registered trademark. This enables the early detection of potential competitors and the lodging of an objection to the new trademark.

Lodging an objection in this way is shorter, less complicated and less expensive than legal action. Depending on your requirements, we offer monitoring throughout Germany, Europe or worldwide. When it comes to trademark collision monitoring, at Klinger & Kollegen we work with an experienced provider of monitoring services, pre-selecting a list of younger trademarks which could potentially be problematic. Thanks to this screening process, you will only be informed of trademark applications which are actually relevant to you. You can then decide for yourself whether and how to proceed.

In addition to filing an objection, there is often the option to negotiate a coexistence agreement with the trademark applicant. This has the advantage of being able to determine the younger trademark’s scope of the use with future effect, thus avoiding contentious disputes in court.

Since the importance of the Internet is increasing and trademark infringements are occurring more and more frequently in this area, domain monitoring is also a useful tool, as domain names can also infringe trademarks. It is therefore particularly important to monitor the registration of identical or similar domains. If a legal infringement is detected, depending on the domain ending, the nest step may involve sending the domain owner a warning, writing to the provider, or initiating arbitration proceedings.

Regardless of this, at Klinger & Kollegen we will of course also take care of renewing your trademark. Before the extension period expires, we will inform you in a timely manner of the costs incurred, and will pay the fees on your behalf (ourselves within Germany or through colleagues abroad). You don’t have to worry about a thing.

How does intellectual property management work?

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Step 1

Set up trademark collision monitoring to stay abreast of the registration of identical or similar trademarks.

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Step 2

Decide for yourself whether and how you want to take action against a younger trademark.

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Step 3

Set up domain monitoring to identify trademark infringements on the Internet at an early stage.

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Step 4

Leave the renewal of your trademarks to Klinger & Kollegen. As your reliable legal representatives, we will renew your trademarks at the relevant offices.

Get in touch with us.
We’re happy to help.