Lawyer for design law and registered design law
marken medien meyen is a law firm specializing in intellectual property law
Design lawyer
The specialized lawyer for design law
- Our specialist law firm is Highly specialized in the field of design law and Design law.
- Lawyer Robert Meyen is Specialist lawyer for industrial property rightswhich, in addition to the Design law also includes competition law, trademark law and parts of copyright law.
- If you have a Design law Warning have received, we offer a Free initial consultation. Simply send us your Warning on kanzlei@marken.legal
Our design office is conveniently located at the main train station in Neuss between Düsseldorf, Mönchengladbach, Krefeld and Cologne. We advise nationwide.
A frequent opponent is KLAKA Attorneys at Law for BMW.
What does design law protect?
- Design law protects every Designthat new is and Characteristic has. It must therefore stand out from the designs known to date.
- In the past, designs were also called Utility model. The term "utility model" is still used in the EU.
- Unlike in copyright law, however, a design must no exceptional creativity or reach the level of creativity.
- A design has Characteristicwhen the Overall impressionwhich it evokes in the informed user, differs from the older designs known to date.
- The Design is a unchecked register right. The Patent and Trademark Office therefore does not check for novelty or individual character.
- In the EU are also Non-registered Community designs protected.
A Design lawyer advises on the ideal Property rights portfolio. It is often advisable to protect trademarks and designs in parallel and also to fall back on copyright claims.
The design infringement
- One Designjury exists if a third party makes unauthorized use of one of your aesthetic designs.
- The use is unauthorized if a Design registered is or the design as Non-registered Community design is protected and the designer or authorized person authorizes the third party to use not allowed has.
- Even if the design is registered, it must be checked whether it is New on registration was and Characteristic had.
- In most cases, design infringements can be detected by submitting a penalized Cease and desist declaration finished.
Please do not under any circumstances sign the from the warning letter sent along Cease and desist declaration!
Help from Specialist lawyer saves a lot of money! A well formulated modified Cease and desist declaration promises the design owner only as much as Legally required is.
Warning in design law
- Even if a design is not strikingly creative and does not constitute copyright, it may be protected as a design.
- Through a Warning from one design receives the Design right infringer the last opportunity to Avoid legal disputes. Because the courts see this as a "service" provided by the designer to the infringer, the infringer must order the infringer to pay the costs of the Warning carry.
- We advise both Designer as well as Licensee as well as Warned party.
- As Design office we are specialized in warning letters and can tell you, depending on your circumstances, whether it is advisable to take a modified Cease and desist declaration to hand in.
Please note the information in your Warning deadlines set.
Interim injunction in design law
- For Trademark owner it is particularly important to Trademark infringement immediately finishto wto avert further damage.
- The temporary injunction offers the trademark owner Urgent legal protection.
- In some courts, interim injunctions are still being issued on same dayat the latest on following working day issued.
Temporary injunctions have been issued in numerous cases, especially procedural - Pitfalls. We know these pitfalls. As Brand law firm we guide you efficient to your preliminary injunction and also know how we can successfully challenge your opponent's preliminary injunction. attack.
The non-registered Community design
- Through a Legal action in trademark law the Legal relationships between Trademark owner and Trademark infringer be permanently clarified.
- In legal proceedings, trademark owners can demand that the infringer Removal, Omission, Information, Compensation for damages and Reimbursement of expenses in the form of Reimbursement of legal fees demand.
- Legal proceedings are always necessary when trademark owners and trademark infringers agree on a Warning and if necessary temporary injunction in the Trademark law have not yet found a final solution.
The trademark attorney files the right cease-and-desist applications to stop the trademark infringement. permanent and effective to end.
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