Viering, Jentschura & Partner

Trademarks

Trademarks are important because they "transport and protect" the good will of a company or product. The brand value of some trademarks can be the most valuable asset of the whole company. Trademarks become more and more important globally and can be a strategic tool to secure and develop business and to defend it against competitors. An example of the legal difficulties to act without own registered right is described below.

 

Expertise

VJP offers a range of services for applicants and owners of trademarks. For example: availability searches (in order to evaluate the risk of infringement of third parties rights); advising about protectability (e.g. could they be regarded as descriptive?); advising about best filing strategy (combination of different trademark systems to obtain proper protection for a reasonable price); filing of applications; watching service (so that the own registration can be defended against dilution); filing of or defending against oppositions; negotiating prior rights and license agreements; infringement proceedings (e.g. warning letters, filing of suits, appearing in court on behalf of the client, enforcing rights); and assessing the value of a trademark or trademark portfolio.

 

Landmark Decision for Chinese Brand Owners

VJP represented the Beijing Wangzhihe Food Group Co. Ltd in its infringement suit against a German distributor who applied for the trademark shown on the right. The Chinese company had no own trademark protection for Germany. The VJP litigation team argued on trademark law, copyright, rights based on the Paris Convention and on national German unfair competition law, and finally achieved that the infringer had to cancel its unfairly applied trademark registration and had to accept a court injunction. The case took more than two years of intensive litigation through two instances and shows that brand awareness is growing.