activelawSpecialty Areas
Intellectual Property

Intellectual Property in Hannover. Brands, works and reputation.

We file trade marks, secure rights of use, enforce intellectual property and act against unlawful reporting and reviews.

Ikonisches rundes Schloss als geschütztes Designobjekt auf orangefarbenem Hintergrund
Trade mark protection

Filing, managing and watching your marks

The most expensive mistake in trade mark law happens before filing: a mark that infringes existing rights has to come off the market after launch. The search therefore comes before the design work, not after it.

  • Identity and similarity searches before filing
  • Filing as a German mark at the DPMA, as an EU trade mark at the EUIPO and internationally through WIPO
  • Choosing the form of the mark, from word marks and figurative marks to three-dimensional marks
  • Title protection for software, publications and media projects
  • Watching services to catch conflicting applications early
  • Exhaustion and parallel imports in distribution are handled by our practice area Commercial Law
Copyright and rights of use

Securing rights in text, images, software and design

Copyright arises informally on creation and stays with the person who created the work. For a business, then, what matters is not protection but whether it holds the rights of use its operations actually need.

  • Grants of rights of use from agencies, freelancers and service providers, including clear buy-out clauses
  • Rights in software, databases, photographs and web design
  • Claims on infringement for an injunction, information and damages
  • Copyright and new technology, such as training data for AI models
  • Rights in work produced by employees are handled by our practice area Employment Law
Licences and media contracts

Putting exploitation on a contractual footing

Anyone exploiting content needs an unbroken chain of rights. Where a link is missing the exploitation stops, and that usually comes to light only when the broadcaster, the publisher or the buyer checks the rights.

  • Licence agreements for every kind of use, nationally and internationally
  • Film and television, from development through production to broadcast
  • Music and publishing, including artist, author and distribution agreements
  • Management, marketing and agency agreements
  • IP audits and the transfer of rights on a transaction are supported by our practice area Corporate Law
Unfair competition and advertising

Reviewing the campaign before it goes out

German unfair competition law draws tighter limits around marketing than campaign planning usually assumes. A review before launch costs a fraction of the warning letter afterwards, and it keeps the date.

  • Reviewing campaigns, claims, packaging and slogans before publication
  • Prize competitions, discount campaigns and loyalty programmes
  • Specific regimes such as the health claims regulation and the price indication rules
  • Defending warning letters received and pursuing breaches by competitors
  • Consent to advertising and its limits are handled by our practice area Data Protection
Social media and influencers

Contracts and labelling in the digital advertising market

Reach is sold, and with that the rules of competition law apply. The label has to be apparent at first glance, and the rights in the content have to be settled before it is booked.

  • Marketing, multichannel and product placement agreements
  • Advertising labels and the question of when something was given in return
  • Corporate influencing and the use of a company own staff as the face of the brand
  • Clearing rights in music, images and third-party content
  • Platform terms and the duties in e-commerce are handled by our practice area IT Law
Reputation and press law

Acting against unlawful reporting and reviews

Almost every case about what may be said turns on one question: statement of fact or opinion. Untrue facts can be challenged, opinions are broadly protected. That classification comes first, before any letter is written.

  • Counter-statements, injunctions and retractions against publishers and journalists
  • Removal of unlawful statements, fake reviews, images and video from platforms
  • Claims for damages and for monetary compensation
  • Advice before publication, including the statement made to the editorial team
  • Where a live investigation is reported on, we align with our practice area White-Collar Crime
Events law

Securing events, tours and cultural projects

In the events industry the risk sits in the cancellation. Anyone who has settled cancellation, force majeure and fees in the contract negotiates about figures when it happens, not about the law.

  • Event, tour, guest performance and booking agreements
  • Cancellation risk and the pursuit or defence of claims for fees
  • Liability for personal injury and damage to property at the event
  • Official permits and conditions, including noise limits and the safety concept
  • Event cancellation and liability cover is checked by our practice area Insurance Law
Warning letters and infringement actions

Enforcing rights and defending attacks

In intellectual property, speed decides. For an interim injunction many courts apply a period of about a month from knowledge. Letting it pass means losing the fast route.

  • Opposition and cancellation proceedings before the DPMA and the EUIPO
  • Warning letters, modified undertakings and resisting excessive contractual penalties
  • Interim injunctions, including to stop infringements at trade fairs
  • Infringement actions for an injunction, information and damages against counterfeiting
  • Seizure of counterfeit goods at the border with the customs authorities is supported by our practice area Transport Law

Find the right adviser

Frequently Asked Questions

Answers to the most important questions

Can’t find your question here? Please get in touch! We’ll usually get back to you within two working days.

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For how long is a registered trade mark protected?
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Ten years from the filing date, and protection can then be renewed for further ten-year terms without limit. To enforce it, the mark must actually be used once the first five years have passed. A mark that is not used can be cancelled on application.

German mark or EU trade mark?
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That depends on where you trade. A German mark protects only in Germany and costs less; an EU trade mark protects in every member state on a single filing. Where an EU mark is attacked, it can fall for the whole Union. For many businesses a combination makes sense.

Does a work have to be registered to enjoy copyright?
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No. Copyright arises on creation, without registration and without a register. It protects text, photographs, graphics and software among other things. What matters for a business is securing rights of use from employees, agencies and freelancers by contract, to the extent it needs.

I have received a warning letter. Must I sign the undertaking?
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Not without review. Many undertakings are drawn too widely or carry excessive contractual penalties. Often a modified undertaking is the right answer, and sometimes the warning letter is unfounded. The deadline set is short, so the review has to start at once.

How quickly must I act against an infringement of my trade mark?
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Anyone seeking an interim injunction has to move quickly. Many courts treat urgency as preserved only where the application is made within about a month of learning of the infringement. Waiting longer leaves only the main proceedings, which take considerably longer.

Can a negative review be taken down?
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Where it states untrue facts, amounts to abuse, or there was no actual contact with the reviewer, often yes. The platform has to examine a specific complaint and remove the review where the law has been broken. A merely critical opinion, by contrast, generally has to be accepted.

What is the difference between an opinion and a statement of fact?
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A statement of fact can be proved or disproved; an opinion is an evaluation. Untrue statements of fact are unlawful, while opinions are broadly protected until they become abuse. That distinction decides almost every case about what may be said.

How quickly must a counter-statement be demanded?
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Without culpable delay, and within the outer period of the relevant state press act. The counter-statement must confine itself to facts and may not be longer than the passage complained of. It does not replace an injunction; both can be sought side by side.

When must a post be labelled as advertising?
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Where something was given in return for the post, such as money, products or discounts, or where it mainly serves to promote another business. The label must be apparent at first glance. Where it is missing, warning letters from competitors and trade associations follow.

What can I do where a publication reports on a live investigation?
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Reporting on a suspicion is lawful only under strict conditions: there must be a minimum body of supporting facts, a balanced account, and as a rule an opportunity to comment before publication. Where one of these is missing, an injunction comes into view. We align this with the defence in the criminal case.

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