The Berne Convention for the Protection of Literary and Artistic Works is an international agreement governing copyrights which was first accepted in Berne, Switzerland, in 1886. About 158 states are parties to the Berne Convention. It in principle rules that every party recognizes the copyrights of the citizens of the other contracting parties, as well as the copyrights of their own citizens.

The term brand value describes the monetary price of a brand, which depends primarily on its reputation and brand awareness.

A cease and desist letter is a document sent to an individual or a company to halt supposedly unlawful activity ("cease") and not take it up again later ("desist"). Usually, a cease and desist letter contains a warning that if the recipient by deadlines set in the letter does not cease and desist specified conduct, or take certain actions, that party may be sued. Cease and desist letters are used in the whole field of civil law, inter alia, in the area of intellectual property.

Characteristic symbols are all attributes, which describe or identify companies, trademarks, goods and services e.g. signs, words, letters, colors, sounds or tone sequences.

A cinematographic work is every image or image- and sound sequence which gives the impression of a moving play. It can be protected by copyright law if it is an own intellectual creation of the producer. If a film does not fulfill the requirements of copyright law, it is only called moving pictures. Cinematographic works are regulated by §§ 88 of the German Copyright Law. This rule is partially also applicable for moving pictures (§ 95 of the German Copyright Law).

The destruction claim is directed towards the destruction of goods and articles produced by the trademark infringer. Therefore, not only the commodity itself, but also the packaging and other trademark related material fall under the destruction claim.

The holder of a trademark or a commercial designation can request that the infringer remove (destroy) the products which infringe his intellectual property rights. The same applies for the material which is used to illegally advertise the products.

Commercial designations are company symbols and titles of works. Company symbols are signs used in the course of trade as a name, company name or special designation of a business operation or an enterprise. Commercial designations are only an indication for the company, but, not for the goods and services.

The Commercial Register is a public register that contains details of legal entities in the district of the registrar. It contains information about the legal name of each company, the registered offices, the people who are representing the company and the subscribed capital. It has a publication, evidential, control and protection function.

A Community Trademark (CTM) offers protection in all member states of the European Union. The CTM system creates a unified trademark registration system in the EU, whereby one registration provides protection in all member states of the EU. The Office for Harmonization in the internal Market (OHIM), which is based in Alicante, Spain, is responsible for the application and registration procedures of the CTM and the related opposition, cancellation and appeal proceedings.

The company name is the name which is used by the trader for business transactions. It is protected as commercial designation via § 15 of the German Trademark Act. Proof can be furnished by an excerpt from the Commercial Register.

Comparative advertising occurs when a company uses a comparison of products and services of their own company and another company to advertise and promote. Generally, comparative advertisement is allowed. However, it is an act of unfair competition if it is misleading, unjustifiably discredits the competitor or his trademark or trade name or causes a likelihood of confusion between the advertiser and the competitor, or between the respective goods or services or trademarks or trade names.

Competition law is the legal field which regulates state interventions to promote market competition. It consists of unfair competition law and cartel law.

A copyright infringement is the use of a protected work without permission of the copyright holder. Prohibited use means to exploit the protected work, e.g. producing and distributing copies, or the inclusion of protected copyright works of others in works claimed as one's own.

The German copyright gives the creator of an original work an exclusive right to the use and distribution of the work. The protection lasts from the origin of the work until 70 years after the death of the author. The purpose of the copyright system is to enable the creator to receive compensation for his intellectual effort. Copyright protects classic works like literature, science and art, but, also other types of works e.g. technical drawings, maps and address books.

Corporate identity is a communication strategy and an important component of strategic corporate management and planning. This includes „Corporate Behaviour“, „Corporate Communication“ and „Corporate Design“. The aim of Corporate Design is to create an easy-to-remember image of a company as a whole by using formal styling constants (logos, colors, typefaces, styling patterns).

Counterfeiting is the practice of manufacturing, importing/exporting, distributing or selling goods under a trademark that is identical or almost identical to a registered trademark, without the approval of the registered trademark owner. Counterfeits are most commonly called “fake goods”.

Counterfeiting/ product piracy is the practice of manufacturing, importing/exporting, distributing or selling goods under a trademark that is identical or almost identical to a registered trademark, without the approval of the registered trademark owner. Counterfeits are most commonly called “fake goods”. 

Damages are a monetary compensation which is awarded by the court to an individual or company as compensation for loss or injury suffered through the wrongful conduct of another party.

The term data protection involves norms which protect the personal data of individuals against unauthorized use. This includes the informal self-determination and the secrecy of telecommunication. The main purpose is to find a balance between the protection of data of individuals and the legitimate interests of the general public, as well as the state and private data processing providers.

Deception means distorting the truth to confuse others.

A trademark delimitation agreement is a contract which is used to come to an out-of-court solution to settle a dispute about, for example trademarks, trade designations or other designations. The aim is to prevent the cancellation of one of the signs or court proceedings and thereby find an agreement how the rights can coexist. 

A sign which only contains descriptive information cannot be registered as a trademark. This, in general, applies to every term with a dictionary meaning which is used in connection with products or services directly related to that meaning.

A design is the two-dimensional (such as wallpapers, logos or icons) or three-dimensional (such as furniture, bikes or toys) appearance of the whole or a part of a product. A design may include features like lines, contours, colors, shapes and textures. 

Design law offers the possibility to protect the two-dimensional or three-dimensional appearance of the whole or a part of a product.

A search prior to filing a design application is very important because the German Patent and Trademark Office (GPTO) and the Office of Harmonization in the Internal Market (OHIM) do not examine whether similar or identical designs are already registered. Possible infringements of earlier rights can only be determined later by the civil courts when there is a dispute. But, also after registration, regular searches are advisable to efficiently defend a design.

Through a desist declaration/ undertaking commitment the debtor gives a binding commitment to stop a certain behavior. This request is often coupled with a threat of taking court action in the event that the desist declaration requested is not given or is not given in due time.

Through a desist declaration with a penalty clause the debtor makes a binding commitment to desist a certain behavior. The debtor signs the desist declaration and accepts the penalty clause on the condition that in return the creditor will not file a law suit. If the debtor repeats his behavior he has to pay the penalty and the creditor can file a law suit. 

Trademark dilution is the weaking of a (famous) mark´s ability to identify and distinguish goods or services, regardless of competition in the marketplace or the likelihood of confusion. 

Distinctiveness means the qualification of a trademark to distinguish goods and services of one trader from those of another.

Domain law as such does not exist. There are many different legal provisions from different legal codes governing the use and registration of domain names.  The most important rules can be found in the trademark and the civil law code.

Electronic Commerce (E-Commerce) is the trading or facilitation of trading with products or services over an electronic network such as the Internet. Any kind of business transactions (e.g. purchase and sale of products and services) and electronic business processes (e.g. advertisement, After-Sales-Services, Online - Banking) can be considered “E–Commerce”.

The European Patent Office (EPO) offers inventors a uniform application procedure which enables them to seek patent protection in up to 40 European countries since 1977. The offices of the EPO are located in Munich, The Hague, Berlin, Vienna and Brussels. Supervised by the Administrative Council, the Office is the executive arm of the European Patent Organisation. 

The principles of exhaustion constitute a limit of the intellectual property (IP) rights. The principle regulates that after a product protected by an intellectual property right has been sold by the intellectual property right owner or by others with the consent of the owner, the IP right over this given product is said to be exhausted because the IP right owner has already received the full benefit of the IP right from the first sale. Purpose of this principle is that the purchaser should be able to do whatever he likes with the protected work without any constaints.

Exploitation is the use of a patent, a utility model, a trademark or a work protected by copyright with the aim to receive a monetary compensation.

The Unfair Competition Act defines exploitation of reputation as inadequate exploitation of the appreciation of a product by a counterfeit.

The European Union Intellectual Property Office (EUIPO) is the trademark and designs registry of the European Union. It is based in Alicante, Spain. The mission of EUIPO is to promote and manage Community Trademarks and Community Designs within the European Union. The languages of the office are English, German, French, Italian and Spanish.

A figurative mark is represented by using pictures, graphics or images (without word components) which can be used to distinguish goods and services of one rights holder from those of another.

Filesharing is the practice of distributing or providing access to digital media, such as computer programs, multimedia, documents or electronic books.

A final declaration is part of the final settlement of a legal dispute after an injunction. Through his signature the recipient acknowledges the preliminary injunction between the parties as the final settlement and waives his right to file an opposition, to set a deadline and to have the injunction set aside as well as further legal remedies. 

The laws governing foods, tobacco and cosmetic products regulate the treatment and production of food, tobacco and cosmetics. A strict supervision in this area is essential because of the importance of consumer and health protection.

An independent work created through free use of the work of another person (which is protected by copyright law) can be published or exploited without the consent of the author of the work which was used. However, free use is only given if the original work is nearly indistinguishable because of the individuality of the new work.

The terms and conditions of the contract are rules for a variety of contracts which are set by one of the parties.

A trademark which develops into a generic term for certain products or services is not enforceable anymore because it becomes non-distinctive. To prevent that a trademark develops into a generic term, the holder of the trademark rights has to protect his right, e.g. through prohibiting the use of the trademark by third parties and by demanding publishers of dictionaries to note that the word is protected as a trademark.

A geographical indication is a name or sign used on certain products which corresponds to a specific geographical location or origin. The use of a geographical indication helps to distinguish products or services and also may act as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a certain reputation.

The German Act on Copyright and Related Rights is the legal basis for the German copyright system. To protect his rights The Act offers the copyright holder injunctive relief, compensation claims and a right to removal, and an information right.

The German Act on the Advertising of Medical Products regulates the advertisement with respect to medication concerning medical products etc. and treatments which aim at promising the healing of diseases.

The German Patent and Trademark Office (GPTO) is the central authority in the field of industrial property protection in Germany. It operates within the administration and authority of the Federal Ministry of Justice and Consumer Protection. The headquarters of the DPMA is located in Munich, Germany. Further satellite offices are located in Jena and Berlin. The statutory duty of the DPMA is to grant and administer industrial property rights and to provide information on industrial property rights in Germany.

The German Trademark Act protects the owner of trademarks, business designations and geographical indications. It regulates the application and registration procedures for German trademarks and opposition, cancellation and appeal claims as well as their enforcement. Furthermore, it grants the holder the possibilities of injunctive relief, compensation claims, right to removal and an information right.

Information Technology Law is a term that encapsulates the legal issues related to the use of the different kinds of information technology.

The right holder has a right to injunctive relief against persons who infringe his rights.

Intellectual Property Rights (IPRs) protect the creations of the mind, such as inventions and literary works as well as symbols, names and images which are commercially exploitable. It includes technical protection rights like patents and utility models, but, also plant variety rights, designs, type faces and trademarks. 

A trademark can be protected in over 90 countries of the world through an international registration. It is possible to have a national trademark entered into the international register under the Madrid Agreement Concerning the International Registration of Marks and the Protocol to the Madrid Agreement. The international registration only gives protection in the chosen designated countries and not automatically in all member countries. The application for international registration must be presented to the World Intellectual Property Organization (WIPO) through the national IP office. The registration will be listed and recorded in a register of the WIPO in Geneva, Switzerland. 

Internet law is the interface between an abundance of legal fields which deal with the legal aspects of the internet, for example, copyright, criminal law, domain law and unfair competition law. 

A legal action is the first step of a legal proceeding between two parties. It is a judicial proceeding brought by one party against another and it contains a request of a court decision. 

A letter of completion is a last request to the debtor to hand over a final declaration, before submitting a claim.

A licensing agreement is a consent by the rights owner to the use of their assets, in exchange for something. A license can be temporarily or territorially limited. Licenses (and rights on so called merchandising articles) are normally based on contracts. 

Licensing of intellectual property rights is regulated by the combination of rules governing the intellectual property rights, such as trademark, design as well as patent law and general contract law.

Likelihood of confusion means a situation where there is a risk that the public might believe that the goods and services in question come from the same undertaking or from economically linked undertakings. When deciding whether there is a likelihood of confusion between two marks, the similarity of the marks and the commercial relationship between the goods and/or services listed in the application need to be evaluated. The likelihood of confusion is judged according to the following criteria: identity or similarity of the other party's trademark, identity or similarity of the other party's goods or services and the distinctiveness of the earlier trademark.

See Nice Classification. 

The Locarno Classification is the international classification system of industrial designs. The agreement of establishing the classification is the result of a multilateral treaty which was founded at a conference held in Locarno in 1968.  It allows to attribute designs in a largely uniform manner to different classes of goods. The Locarno Classification currently comprises 32 classes and 219 subclasses with detailed descriptions of goods.

The Madrid Agreement Concerning the International Registration of Marks, concluded in 1891, makes it possible to protect a trademark in a large number of countries by obtaining an international registration that has effect in each of the designated Contracting Parties. Therefore, the agreement is the basis of the international registration system of trademarks. In 1989 the Protocol relating to that Agreement was founded. The aim of the protocol was to make the Madrid system more flexible and more compatible with the domestic legislation of certain countries or intergovernmental organizations that had not been able to accede to the Agreement.

Marks of an Undertaking are signs used in the course of trade as a name, company name or special designation of a business operation or an enterprise. If the symbol is distinctive it may be protected immediately after the first use. If it is not distinctive, it can only reach protection through reputation. 

Merchandising is a collective term for sales-promoting measures and other activities which contribute to the sale of products to a retail consumer. Merchandising activities can include for example display techniques, free samples, pricing and special offers.

According to the Unfair Competition Act an advertising statement is misleading if it contains untruthful information or other information which is intended to mislead. The misleading part of the statement has to be relevant for the business and therefore, influence the decision of the consumer.

The Nice Classification was established by the Nice Agreement in 1957. It is an international classification system of goods and services for the purpose of registering trademarks. The system is specified by the WIPO and is used by more than 140 countries. It is updated every five years. Currently, the system divides the goods and services into 45 classes (classes 1-34 include goods and classes 35-45 embrace services).

Opposition is a legal proceeding in which a party tries to prevent a trademark (application) from being granted (final) registration. In Germany, a notice of opposition must be filed in writing within three months after the publication of the registration. The trademark might be cancelled as a result of the opposition procedure due to earlier trade mark rights.

Other business signs are such signs designated to distinguish a business which does not have a name function. These other signs are protected only if they have become known in the course of trade as distinctive signs, e.g., if they have acquired distinctiveness through market recognition. Other business signs could be for example pictures, geometric forms, signets, corporate colors, telephone and telex/telefax numbers. 

Patents protect new technical inventions. They confer to their owners a territorial monopoly right for a limited period of 20 years in return to the disclosure of the invention. To qualify for patent protection, the inventions need to meet three criteria: novelty, inventive step and industrial applicability.

German Patent Act secures the rights of the right holders of patents.

A patent infringement is the act of using a protected invention without permission from the patent holder. Every kind of contributory or direct infringement is prohibited by law. 

Patents are a form of intellectual property. Patent law regulates the protection of invention and the claims of the right holder as well as their enforcement. The granting and enforcement of patents are governed by national laws and the procedure and the requirements vary between countries. In Germany, patents are regulated by the German Patent Act.

A penalty for breach of contract is a fixed amount of money which has to be paid, in the case of violation of the obligations of a contract.

A preliminary injunction is a provisional court decision establishing or maintaining a legal situation in a quick summary procedure. Regarding trademark and design infringements, a specialized IP court in Germany will take a decision within 2-3 working days. In exceptional cases, such as at trade fairs, within 1-2 hours. The preliminary injunction is laid down in §§ 985 ff. ZPO (German Code of Civil Procedure).

A prior rights agreement enables the coexistence of two similar signs. The agreement allows a third party to use a sign according to the agreed upon requirements. Through these requirements, a conflict with the protection scope of the older right should be excluded. For example the agreement can include a requirement that the sign can only be used in a certain color or manner. 

In German copyright law, publication means the first presentation of a work to the public with the consent of the author.

Relative grounds for refusal are given if a trademark potentially infringes third party rights. They are not examined within the application and registration procedures by the German Patent and Trademark Office (GPTO), by the Office of Harmonization in the Internal Market (OHIM) or by the World Intellectual Property Office (WIPO).

The right of reproduction is part of the exploitation rights of the copyright holder.

The absolute grounds of refusal listed in § 8 (2) No. 1, 2, 3 (German Trademark Act) can be ignored if prior to the point in time of the decision on registration, the trademark has become established in the trade circles involved as a result of its use for the goods or services for which the application was filed, § 8 (3) (German Trademark Act). To be established in the trade circles, a majority of the relevant public has to interconnect the sign with the goods and services of the applicant.  The degree of knowledge required must be considered to be reached when the trademark is known by a significant part of the public (15 to more than 50 %) concerned by the products or services covered by that trademark. A trademark which is protected through reputation is only preserved in the region the trademark is known. 

The trademark holder can request the infringer to give information about the origin and the distribution channels of the questionable products or services. 

Risk of repetition is given if a repetition of the illegal conduct can be seriously expected again.

Within the sell-off period the infringer is still allowed to sell the already produced products which infringe the rights of the right holder. A sell-off period can be set by court during a process or through an amicable agreement between the parties.

A sound mark is a trademark where a sound, for example, a tone sequence, melody or a sound pattern is used to identify the commercial origin of products or services.

Through the title „specialist lawyer“ a German lawyer can prove sound knowledge and experience in a certain legal field. The specialist lawyer is committed to regularly visit seminars and collect CLE credits.

The supplementary protection of related rights under competition law (stipulated in § 4 of the German Unfair Competition Act) grants an entrepreneur the right to take legal action against other entrepreneurs who damage the reputation of his company.

The Telemedia Act regulates the conditions for electronic information and communication services.

Titles of works in Germany are the names or special designations of printed publications, cinematographic works (movies), plays or other comparable works. Contrary to unregistered trademarks and company names, the protection of titles of works does not depend on a function as indication of origin. In general, protection begins with use or a so-called “title protection announcement” in a special magazine.

Trade and business secrets are non-overt processes in a company, which should be concealed because of a legitimate interest of the company management.  Trade secrets only involve the technical issues, whereas, the commercial aspects are subject to business secrets.

A trademark is a sign which identifies and distinguishes the source of the goods of one party from those of others. A trademark is an indication of origin of goods and services of a company for example a letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of packaging. The owner of the trademark has the exclusive right to use the mark on or in connection with the goods or services it is registered for.

The German Trademark Act (Act on the Protection of Trademarks and other Symbols) from 1994 protects trademarks, business designations and geographical indications and contains rules on how the right owner can enforce his rights.

Through a trademark application the applicant applies for the exclusive right (monopoly) to use a sign for the goods and services described in the application.

A trademark infringement is a violation of the trademark owner’s rights by using the protected sign without permission of the holder. An infringement may occur when a trademark which is identical or confusingly similar to a trademark owned by another party is used in relation to products or services which are identical or similar to the products or services which the registration covers.

One important part of intellectual property law relates to trademark law. Its main purpose is to protect recognizable signs or expressions which identify the commercial source or origin of products or services.

By implementing a trademark watch, the trademark holder has the possibility to efficiently defend his trademark(s) against infringer(s) on a cost-effective basis.

All signs that are suitable for distinguishing goods or services of a particular company from that of other company can be protected as trademarks. A trademark is only protectable if there are no absolute (and/or relative) grounds of refusal.

The registration of a trademark is only possible, if the sign at least has “abstract” distinctive character. 

Through registration of the trademark in Germany, the owner gets the exclusive right to use the trademark in relation to the protected goods and/or services for 10 years. An owner of a registered trademark has the duty to use the trademark within a period of 5 years after registration. If the trademark is not used, it can be cancelled upon request or legal action due to non-use. The trademark can be renewed after 10 years for a further 10 year period. The holder can apply for as many renewals as he wants.

The Trademark Regulation is the legal basis for the Community Trademark (CTM) and was set into force in 1993. It regulates the application and registration procedures of the CTM and the related opposition, cancellation and appeal proceedings.

Conducting a diligent trademark search before filing a trademark application is important, especially is Germany, as the German Patent and Trademark Office (GPTO) does not carry out a search for identical and/or similar marks. Regular searches after the registration are advisable to efficiently defend a trademark.

Trademark strategy is a conditional, long-term and global plan with the aim to improve or reach the trademark goals of a company. Eventually, the brand value and consequently the value of the whole company should grow. A strategy is always conditional because it is developed on the basis of expected business trends and company developments.

Unfair competition is a situation where forbidden practices such as misleading advertising or aggressive commercial practices are used by companies that compete for the end users of their products.

The unfair competition act ensures fair competition. Therefore, it especially provides protection against behavior or business practices which are deceptive or otherwise infringe the principle of loyalty and good faith and which thus influence the relations between competitors or between suppliers and clients. Thus, it protects competitors, but, also consumer economic interests from unfair business-to-consumer commercial practices. Therefore, it offers the possibility of injunctive relief, compensation, a right to removal, skimming off excess profits and an information right.

Advertisement is unwanted, if the receiver never agreed - whether in an express or implied manner - with the delivery.

A utility model, is a patent-like, intellectual property right protecting inventions. Utility model protection is available for inventions that are new, involve an inventive step and are susceptible of industrial application. The protection can last for up to 10 years. A utility model registered at the German Patent and Trademark Office (GPTO) is only valid in Germany. In contrast to the patent, there is neither a European nor an international filing route.

The utility model law provides the protection of inventions as utility models and potentially can safeguard the enforcement of the rights of the right owner.

The International Classification of the Figurative Elements of Marks under the Vienna Agreement constitutes a hierarchical system that proceeds from the general to the particular, dividing all figurative elements into categories, divisions and sections. The sixth edition of the classification comprises 29 categories, 144 divisions, 788 main sections and 879 auxiliary sections.

A well-known mark has an increased degree of trade acceptance. Therefore, it can be protected even if it normally would be not registrable because of absolute grounds of refusal. A well-known mark can be a ground of opposition or cancellation against a new applied for trademark or potential other business designations.

Word marks are trademarks consisting of words, letters, numbers or other characters, which can be reproduced in the standard typeface and font.

A word/ device mark is represented using pictures, graphics or images. A word/figurative mark combines the use of pictures, graphics or images with words or letters.

A work title is the name or other designation for printed publications, films, musical works, stage works, software or other comparable works. The work title is protected in Germany via the German Trademark Act.

The World Intellectual Property Organization (WIPO) headquartered in Geneva (Switzerland) is a specialized agency of the United Nations, which was created in 1967 to encourage creative activity and to promote the protection of intellectual property throughout the world. The aim of the WIPO is to offer a world-wide platform for intellectual property rights by unifying the different organizations which are active on this legal area. WIPO especially organizes the international registration of trademarks and designs as well as the international application of patents on the basis of the Patent Cooperation Treaty (PCT). Disputes are solved by mediation and arbitration. WIPO currently has 188 member states and administers 26 international treaties.