Category Archives: Politics Law Society

Politics Law Society

ECJ on the protection of geographical indications of origin

ECJ on the protection of geographical indications of origin

ECJ on the protection of geographical indications of origin

As in the case of trade marks, it is similarly possible to protect geographical indications of origin (GIOs). A decision of the ECJ from 19 December 2018 shows that this protection can be extensive (Az.: C-367/17 S).

Consumers may associate GIOs with a certain quality. We at the commercial law firm GRP Rainer Rechtsanwälte note that it is therefore possible to protect them in a similar manner to trade marks.

The label „Schwarzwälder Schinken“, i.e. Black Forest ham, is a protected geographical designation. An organization submitted a request to the German Patent and Trade Mark Office to have this protection extended so that Schwarzwälder Schinken can only be sliced and packaged in the Black Forest to ensure its quality. The organization took action against a producer that had its ham produced in the Black Forest but further processed elsewhere. The dispute ultimately came before the ECJ.

The ECJ held that a prohibition on further processing outside of the area covered by a GIO can be justified if this is a necessary and proportionate measure to ensure the quality of the product or guarantee its origin. It went on to state that whether further processing the ham outside of the Black Forest potentially compromises its quality must now be ruled on by Germany“s Bundespatentgericht.

Lawyers who are experienced in the field of IP law can offer advice.

https://www.grprainer.com/en/legal-advice/ip-law/trademark-law.html

GRP Rainer www.grprainer.com/en/ is an international full service law firm. The lawyers counsel on corporate and commercial law, business law, tax law, IT law and IP law and distribution law. The law firm advises international companies, corporations, mid-sized businesses and private clients worldwide. GRP Rainer can be found in Berlin Bonn Cologne Duesseldorf Frankfurt Hamburg Munich Stuttgart, Germany and London, UK.

Contact
GRP Rainer LLP
Michael Rainer
Augustinerstraße 10
50667 Cologne
Phone: +49 221-27 22 75-0
Fax: +49 221-27 22 75-24
E-Mail: info@grprainer.com
Url: http://www.grprainer.com/en

Politics Law Society

BAG – Employers can claw back bonus payments

BAG – Employers can claw back bonus payments

BAG - Employers can claw back bonus payments

The Bundesarbeitsgericht (BAG), Germany“s Federal Labour Court, confirmed in a recent ruling that employers can claw back collectively agreed bonus payments from employees under certain circumstances.

It is common for employment contracts to include provisions on collectively agreed bonus payments, for instance when employers promise to pay a Christmas bonus. We at the commercial law firm GRP Rainer Rechtsanwälte note, however, that an employee“s entitlement to receive this annual bonus payment can be made conditional on the employment relationship continuing until a cutoff date outside of the reference period for payment in the following year. This position was reaffirmed by the Bundesarbeitsgericht in a ruling from 27 June 2018 (Az.: 10 AZR 290/17).

In the case in question, the employment contract stipulated that the employee was entitled to receive a collectively agreed yearly bonus payment on the 1 December. The contribution was also meant to serve as remuneration for work that had been performed. The contract further stated that the employee was to repay this bonus payment if he or she leaves the employment relationship during the period ending on 31 March of the following year through their own fault or of their own volition. In this case, the employee had terminated the employment relationship in October, in due time for this to take effect from January 2016. His employer paid out the agreed bonus to him on 1 December in the amount of one month“s wages and after the employment relationship was terminated demanded it be repaid. The employee refused to repay the bonus, arguing that the relevant tariff provision was invalid, disproportionately restricted his scope for terminating the employment relationship and breached his fundamental right to choose and pursue a professional activity.

The Bundesarbeitsgericht nonetheless held that the employer was entitled to repayment of the bonus, ruling that such a provision would be considered invalid if it were firmly established as a clause in the general terms and conditions of the employment contract and placed the employee at an undue disadvantage. The BAG clarified that the content of tariff wage agreements incorporated in their entirety into employment contacts, on the other hand, is not subject to this kind of review.

The Court found that the employee“s obligation to repay the amount arose from a provision in a tariff wage agreement concerning a cutoff date and did not violate any superior rule of law. The BAG noted that while the result amounted to a restriction on the employee“s freedom to choose and pursue a professional activity, this restriction was proportionate.

Lawyers who are experienced in the field of employment law can advise employers in relation to both individual and collective employment law.

https://www.grprainer.com/en/legal-advice/employment-law.html

GRP Rainer www.grprainer.com/en/ is an international full service law firm. The lawyers counsel on corporate and commercial law, business law, tax law, IT law and IP law and distribution law. The law firm advises international companies, corporations, mid-sized businesses and private clients worldwide. GRP Rainer can be found in Berlin Bonn Cologne Duesseldorf Frankfurt Hamburg Munich Stuttgart, Germany and London, UK.

Contact
GRP Rainer LLP
Michael Rainer
Augustinerstraße 10
50667 Cologne
Phone: +49 221-27 22 75-0
Fax: +49 221-27 22 75-24
E-Mail: info@grprainer.com
Url: http://www.grprainer.com/en

Politics Law Society

M&A – Tighter rules for foreign investors entering German market

M&A – Tighter rules for foreign investors entering German market

M&A - Tighter rules for foreign investors entering German market

While corporate mergers and acquisitions boomed in 2018, investors from outside of the EU will now have a more difficult time joining or acquiring German businesses.

At the end of 2018, the German federal government passed an amendment to the Außenwirtschaftsverordnung (AWV), Germany“s Foreign Trade and Payments Ordinance. We at the commercial law firm GRP Rainer Rechtsanwälte note that its core function was to tighten the rules for foreign investors from outside of the EU entering the German market via German companies.

The amendment to the AWV concerns sensitive sectors of the economy such as defence and critical infrastructure, including e.g. telecommunications, IT security, the provision of drinking water, payment transactions, power, health services, transport and software. The federal government now has a right of veto over these sectors if an investor wishes to acquire a ten per cent stake in a German business. The threshold was previously set at 25 per cent.

It should be noted, however, that the lowering of the threshold for assessment only applies to sensitive sectors, as there is a desire for Germany to remain an attractive location to foreign investors for M&A transactions. Critics are nonetheless worried that foreign investors will be put off by these stricter rules.

Investors and entrepreneurs can turn to lawyers who are experienced in the field of M&A.

https://www.grprainer.com/en/legal-advice/ma.html

GRP Rainer www.grprainer.com/en/ is an international full service law firm. The lawyers counsel on corporate and commercial law, business law, tax law, IT law and IP law and distribution law. The law firm advises international companies, corporations, mid-sized businesses and private clients worldwide. GRP Rainer can be found in Berlin Bonn Cologne Duesseldorf Frankfurt Hamburg Munich Stuttgart, Germany and London, UK.

Contact
GRP Rainer LLP
Michael Rainer
Augustinerstraße 10
50667 Cologne
Phone: +49 221-27 22 75-0
Fax: +49 221-27 22 75-24
E-Mail: info@grprainer.com
Url: http://www.grprainer.com/en

Politics Law Society

OLG Frankfurt – Selective prohibition on sale of luxury items online allowed

OLG Frankfurt – Selective prohibition on sale of luxury items online allowed

OLG Frankfurt - Selective prohibition on sale of luxury items online allowed

A supplier of luxury perfumes is allowed to prohibit its distribution partners from promoting and selling its products online via third party platforms. That was the verdict of the Oberlandesgericht (OLG) Frankfurt, the Higher Regional Court of Frankfurt.

The OLG Frankfurt“s decision was preceded by a preliminary ruling of the Court of Justice of the European Union (ECJ). We at the commercial law firm GRP Rainer Rechtsanwälte can report that the ECJ“s ruling from the end of 2017 found that a selective distribution system for luxury items designed primarily to safeguard a luxury image is allowed and does not violate the prohibition on cartels under EU law (Az.: C-230/16). In a judgment from 12 July 2018, the OLG Frankfurt applied the ECJ“s guidelines to its case.

The plaintiff in the case in question sells branded cosmetic products in Germany, and the defendant was one of the plaintiff“s authorized retailers (specialist dealers) required to comply with certain quality standards when selling the relevant products. The defendant sold the products in a brick-and-mortar store, on its online shop as well as on „amazon.de“. The point of contention concerned the sale of the products via the third-party vendor. The parties had agreed, among other things, that involving a third-party company in selling the products online was not allowed unless express permission had been granted in relation to said company. The relevant clause was revised to allow for selling online so long as the products“ luxury character remained intact. Any discernible involvement of a third-party company not among the authorized specialist dealers was expressly forbidden.

The defendant failed to sign the amended clause and continued selling the goods on Amazon, much to the annoyance of the plaintiff. The OLG Frankfurt granted the manufacturer“s action, ruling that the latter is allowed to demand that its products not be sold via third-party platforms such as Amazon. The Court went on to note, however, that this does not cover collaborations purely concerned with advertising, whereby the customer is redirected to the retailer“s online shop.

The supplementary agreement regarding the sale of the goods online was found to be an integral part of a qualitative selective distribution system. The OLG held that restrictions of this kind are allowed if they are necessary to safeguard the luxury image of goods whose quality is not based solely on their physical characteristics but also their prestigious image that lends them their luxury appearance and features.

Lawyers who are versed in the fields of competition law and antitrust law can offer advice in the event of disputes between dealers and companies.

https://www.grprainer.com/en/legal-advice/antitrust-law.html

GRP Rainer www.grprainer.com/en/ is an international full service law firm. The lawyers counsel on corporate and commercial law, business law, tax law, IT law and IP law and distribution law. The law firm advises international companies, corporations, mid-sized businesses and private clients worldwide. GRP Rainer can be found in Berlin Bonn Cologne Duesseldorf Frankfurt Hamburg Munich Stuttgart, Germany and London, UK.

Contact
GRP Rainer LLP
Michael Rainer
Augustinerstraße 10
50667 Cologne
Phone: +49 221-27 22 75-0
Fax: +49 221-27 22 75-24
E-Mail: info@grprainer.com
Url: http://www.grprainer.com/en

Politics Law Society

Antitrust violations – BGH bolsters the rights of aggrieved parties

Antitrust violations – BGH bolsters the rights of aggrieved parties

Antitrust violations - BGH bolsters the rights of aggrieved parties

In a ruling from 12 June 2018, the Bundesgerichtshof (BGH), Germany“s Federal Supreme Court, has facilitated the enforcement of damages claims in response to violations of antitrust law with respect to the statute of limitations for claims (Az.: KZR 56/16).

Cartel members obtain advantages from illegal cartel arrangements that can prove to be costly for other market operators. If fine proceedings are initiated in response to a cartel, this results in the suspension of the statute of limitations for damages claims. The suspension is lifted six months after a final decision has been reached in relation to the fine proceedings. This statutory regulation came into effect in July of 2005. It was disputed whether the statute of limitations is suspended if the antitrust violation occurred prior to the new statutory regulation coming into force, but the damages claims had not yet become time-barred by July 2005. We at the commercial law firm GRP Rainer Rechtsanwälte can report that the Bundesgerichtshof has since clarified that the rule in question also applies to these cases and that the statute of limitations shall be suspended accordingly.

The case before the BGH concerned the so-called „cement cartel“. The cartel members had entered into agreements over a period of years and violated antitrust law. A fine was imposed against them in 2003, but it was another ten years before the fine notice became final following a ruling by the Cartel Panel of the BGH. A building materials dealer sued a cement manufacturer for damages, claiming that it had been made to pay inflated prices for cement. The BGH had to rule on whether the claims for damages had become time-barred after the lower courts reached different rulings.

The Cartel Panel held that the claims had not yet become time-barred. It stated that the new statutory rule that came into force on 1 July 2005 is equally applicable to cases in which the antitrust violation occurred prior to 1 July 2005 and the claims for damages had not yet become time-barred by this point in time.

The BGH“s judgment is a landmark decision that can be applied to a large number of other cases concerned with damages claims arising from violations of antitrust law. Lawyers who are experienced in the fields of antitrust law and competition law can advise businesses and enforce or fend off claims arising from violations of either antitrust law or competition law.

https://www.grprainer.com/en/legal-advice/antitrust-law.html

GRP Rainer www.grprainer.com/en/ is an international full service law firm. The lawyers counsel on corporate and commercial law, business law, tax law, IT law and IP law and distribution law. The law firm advises international companies, corporations, mid-sized businesses and private clients worldwide. GRP Rainer can be found in Berlin Bonn Cologne Duesseldorf Frankfurt Hamburg Munich Stuttgart, Germany and London, UK.

Contact
GRP Rainer LLP
Michael Rainer
Augustinerstraße 10
50667 Cologne
Phone: +49 221-27 22 75-0
Fax: +49 221-27 22 75-24
E-Mail: info@grprainer.com
Url: http://www.grprainer.com/en

Politics Law Society

FG Baden-Württemberg on a municipality“s input tax deductions

FG Baden-Württemberg on a municipality“s input tax deductions

FG Baden-Württemberg on a municipality"s input tax deductions

In a ruling from 18 October 2018, the Finanzgericht (FG) Baden-Württemberg, the Fiscal Court of Baden-Württemberg, held that whether a municipality is operating as a commercial entity and entitled to deduct input tax depends entirely on the type of activity and the particular circumstances of a given case (Az.: 1 K 1458/18). We at the commercial law firm GRP Rainer Rechtsanwälte can report that the lawsuit was filed by a climatic spa.

The spa was an owner-operated municipal enterprise treated as a commercial enterprise for the purposes of corporation tax. Revenue subject to sales tax, e.g. from visitor“s tax and input tax, was declared in VAT returns. The input tax amounts were then reduced by the tax authorities.

And rightly so, according to the Finanzgericht: the municipality was found to be operating as a commercial entity entitled to deduct input tax to the extent that it charges third parties for access to a spa house for the purposes of restoration and hosting events. The Court went on to state, however, that it was not deemed to be a commercial entity insofar as it provides services to spa guests in the form of parking facilities, footpaths etc. The use of these amenities is governed by public law and the amount of visitor“s tax is not based on the level of investment in municipal infrastructure. The Court also noted that there was no direct link between the expenses incurred constructing, maintaining and operating the facilities in question and the economic activity associated with running a spa.

https://www.grprainer.com/en/legal-advice/tax-law/tax-dispute.html

GRP Rainer www.grprainer.com/en/ is an international full service law firm. The lawyers counsel on corporate and commercial law, business law, tax law, IT law and IP law and distribution law. The law firm advises international companies, corporations, mid-sized businesses and private clients worldwide. GRP Rainer can be found in Berlin Bonn Cologne Duesseldorf Frankfurt Hamburg Munich Stuttgart, Germany and London, UK.

Contact
GRP Rainer LLP
Michael Rainer
Augustinerstraße 10
50667 Cologne
Phone: +49 221-27 22 75-0
Fax: +49 221-27 22 75-24
E-Mail: info@grprainer.com
Url: http://www.grprainer.com/en

Politics Law Society

Illegal price-fixing in the stainless steel sector – Bundeskartellamt imposes fines

Illegal price-fixing in the stainless steel sector – Bundeskartellamt imposes fines

Illegal price-fixing in the stainless steel sector - Bundeskartellamt imposes fines

The Bundeskartellamt, Germany“s Federal Cartel Office, has imposed fines totaling approx. 205 million euros on several companies and their responsible directors and officers in the stainless steel sector in response to illegal price-fixing arrangements.

On 12 July 2018, the Bundeskartellamt announced that it was imposing fines amounting to around 205 million euros in total on six stainless steel companies, one industry association and ten accountable individuals, as those involved were found to have fixed prices and exchanged information deemed to be sensitive from an antitrust perspective. Investigations in relation to four other companies and one organization are still ongoing.

The process began as early as 2015 with the launch of an industry-wide search. The Bundeskartellamt reported that the companies were found to have coordinated on important price components over a period of years and substantially distorted price competition between businesses. The products affected by the arrangements include long steel products belonging to the product groups engineering, tool and high-speed steels as well as RHS steel. These products are typically marketed based on a pricing model that essentially consists of a base price and surcharges for certain charge materials, in particular scrap metal and alloys, with surcharges making up a significant proportion of the final price. The companies in question had been coordinating the method of calculating scrap metal and alloy surcharges and applying this uniformly across the industry from at least 2004 until no later than the searches in November of 2015. Additionally, it was said that those responsible at the companies had exchanged further sensitive information concerning an increase in the base price.

According to the Bundeskartellamt, it became clear from the investigations that the members of the cartel wanted to avoid price competition or at least noticeably reduce it in order to establish as reasonable a market price level as possible for all companies.

Price-fixing agreements distort fair competition and violate antitrust law. We at the commercial law firm GRP Rainer Rechtsanwälte note that violations of this kind can give rise to other severe penalties beyond fines imposed by antitrust authorities. The cartelists may also be faced with damages claims brought by aggrieved parties.

That being said, violations of antitrust law are by no means always as obvious as in the case of illegal price-fixing arrangements; even minor contractual clauses are capable of violating applicable laws. That is why it is advisable to have lawyers who are competent in the fields of antitrust law and competition law review agreements in view of their consequences from the perspectives of both these legal fields.

https://www.grprainer.com/en/legal-advice/antitrust-law.html

GRP Rainer www.grprainer.com/en/ is an international full service law firm. The lawyers counsel on corporate and commercial law, business law, tax law, IT law and IP law and distribution law. The law firm advises international companies, corporations, mid-sized businesses and private clients worldwide. GRP Rainer can be found in Berlin Bonn Cologne Duesseldorf Frankfurt Hamburg Munich Stuttgart, Germany and London, UK.

Contact
GRP Rainer LLP
Michael Rainer
Augustinerstraße 10
50667 Cologne
Phone: +49 221-27 22 75-0
Fax: +49 221-27 22 75-24
E-Mail: info@grprainer.com
Url: http://www.grprainer.com/en

Politics Law Society

GRP Rainer Rechtsanwälte – Report on authorized dealer“s entitlement to compensation

GRP Rainer Rechtsanwälte – Report on authorized dealer“s entitlement to compensation

GRP Rainer Rechtsanwälte - Report on authorized dealer"s entitlement to compensation

Under certain circumstances, an authorized dealer may be entitled to claim compensation after termination of the contract with the company if the latter continues to be able to use its business contacts.

In our experience at the commercial law firm GRP Rainer Rechtsanwälte, it is common for an authorized dealer“s potential claims for compensation after termination of the contract with the company to lead to legal disputes. We note that because the German legislature has not explicitly regulated authorized dealers“ entitlement to compensation, it is possible for the provisions governing commercial agents“ right to compensation under sec. 89b of the Handelsgesetzbuch (HGB), Germany“s Commercial Code, to be applied analogously.

These state that the commercial agent is entitled to claim compensation after termination of the contractual relationship with the company if he or she has established new business contacts and the company continues to be able to benefit from these contacts after the contract has come to an end. This right to compensation cannot be contractually excluded.

The provisions can be applied analogously to an authorized dealer“s entitlement to compensation under certain circumstances. The conditions that need to be met for this to happen were set out by the Bundesgerichtshof (BGH), Germany“s Federal Supreme Court, in a ruling from 5 February 2015 (Az.: VII ZR 315/13). According to this ruling by Germany“s highest court of ordinary jurisdiction, the right to claim compensation only arises if the authorized dealer was integrated into the company“s sales force and committed to making his or her business contacts available to the company so that the latter can continue using them. The authorized dealer must have committed to transferring his or her client base to the company in such a way that the company is able to readily harness the benefits of this client information without any delay. Furthermore, the authorized dealer must by virtue of special contractual arrangements be integrated into the company“s sales force to such an extent that he or she from an economic perspective has extensive duties to perform that would otherwise have to be met by a commercial agent.

In the case in question, the BGH denied the authorized dealer the right to claim compensation because the company had not been entitled to use the client information, having contractually committed to block the transferred data and delete it at the request of the authorized dealer.

The right to claim compensation is a controversial topic in the case of commercial agents and all the more so in relation to authorized dealers. Lawyers who are experienced in the field of commercial law can assist authorized dealers and businesses in drafting agreements as well as in the event of legal disputes.

https://www.grprainer.com/en/legal-advice/commercial-law.html

GRP Rainer www.grprainer.com/en/ is an international full service law firm. The lawyers counsel on corporate and commercial law, business law, tax law, IT law and IP law and distribution law. The law firm advises international companies, corporations, mid-sized businesses and private clients worldwide. GRP Rainer can be found in Berlin Bonn Cologne Duesseldorf Frankfurt Hamburg Munich Stuttgart, Germany and London, UK.

Contact
GRP Rainer LLP
Michael Rainer
Augustinerstraße 10
50667 Cologne
Phone: +49 221-27 22 75-0
Fax: +49 221-27 22 75-24
E-Mail: info@grprainer.com
Url: http://www.grprainer.com/en

Politics Law Society

The transition from UG to GmbH does not establish a new company

The transition from UG to GmbH does not establish a new company

The transition from UG to GmbH does not establish a new company

The costs associated with transitioning from an Unternehmergesellschaft (UG), a form of German private limited liability company also referred to colloquially as a „Mini-GmbH“, to a full GmbH cannot be passed on to the GmbH. The Oberlandesgericht (OLG) Celle, Celle“s Higher Regional Court, ruled that the transition in no way represents the establishment of a new company.

When it comes to establishing a company, it is common for the founders to initially opt for the UG as their chosen corporate form. General speaking, the reasons for doing so are financial in nature; 1 euro is sufficient share capital in the case of a UG, whereas 25,000 euros are required in the case of a GmbH. Notwithstanding this, the low share capital requirements often give rise to concerns regarding the financial standing of the UG. We at the commercial law firm GRP Rainer Rechtsanwälte note that for this reason it is common after a while for the UG to be „converted“ into a full GmbH.

To turn a UG into a GmbH, it is necessary to increase the share capital. However, the transition from a UG to a full GmbH in no way represents the establishment of a new business. Thus, the costs associated with the transition do not constitute formation costs and cannot be passed on to the GmbH. That was the verdict of the OLG Celle in a ruling from 12 December 2017 (Az.: 9 W 134/17).

In the instant case, the company was originally established as a UG with a share capital of 100 euros. A few months later, the share capital was increased to 25,000 euros and the firm was changed into a GmbH. In addition, the amended articles of association provided that the GmbH would bear the costs associated with the formation up to a certain amount. In the original articles of association, the UG was charged with the formation costs.

The OLG Celle found the provision in the amended articles of association pursuant to which the formation costs were to be shifted onto the GmbH to be invalid, which prevented the GmbH from being registered in Germany“s Commercial Register, the „Handelsregister“. The Court stated that while it is possible in principle for the costs incurred in connection with establishing a GmbH to be imposed on the company as formation expenses, there were no formation expenses of this kind in this case because the company had not been newly established. Instead, it had merely grown from a UG to a GmbH by virtue of a capital increase.

Lawyers who are experienced in the field of company law can advise on selecting the most suitable corporate form.

https://www.grprainer.com/en/legal-advice/company-law.html

GRP Rainer www.grprainer.com/en/ is an international full service law firm. The lawyers counsel on corporate and commercial law, business law, tax law, IT law and IP law and distribution law. The law firm advises international companies, corporations, mid-sized businesses and private clients worldwide. GRP Rainer can be found in Berlin Bonn Cologne Duesseldorf Frankfurt Hamburg Munich Stuttgart, Germany and London, UK.

Contact
GRP Rainer LLP
Michael Rainer
Augustinerstraße 10
50667 Cologne
Phone: +49 221-27 22 75-0
Fax: +49 221-27 22 75-24
E-Mail: info@grprainer.com
Url: http://www.grprainer.com/en

Politics Law Society

GRP Rainer Rechtsanwälte – Experience in trade mark protection

GRP Rainer Rechtsanwälte – Experience in trade mark protection

GRP Rainer Rechtsanwälte - Experience in trade mark protection

Plagiarism and counterfeit products cause immense economic damage within the European Union. This makes it all the more important for businesses to take consistent measures to protect their trade marks.

According to a report by the European Union Intellectual Property Office (EUIPO), counterfeit products and plagiarism are responsible for annual losses to the tune of some 60 billion euros within the EU. In Germany alone, the annual loss incurred by manufacturers as a result of product piracy is approx. 8.3 billion euros. The report details that the classic examples of counterfeit products are still leather goods, watches, shoes, perfume and cosmetics. That being said, many other products are also affected by counterfeiting.

Unfortunately, there is expected to be an increase in the number of counterfeit products going forward. This is infuriating not only for consumers who fall victim to counterfeiting or plagiarism but also manufacturers of branded products. They incur a substantial economic loss as well as potentially damage to their image due to the inferior quality of counterfeit branded products. We at the commercial law firm GRP Rainer Rechtsanwälte note that this demonstrates the huge importance for businesses of effective trade mark protection and prosecuting trade mark infringements, and that these issues will become increasingly significant in future. Our lawyers have a great deal of experience in the field of trade mark law and prosecuting trade mark infringements.

The first step is to assess whether the mark has the distinctive character required for its registration as a trade mark. It is then necessary to determine the territorial scope of trade mark protection – whether it be domestic, EU wide or extend beyond the borders of the EU – and file trade mark registration applications accordingly.

To protect the mark, it is necessary to take consistent action against trade mark infringements. Examples of possible legal measures include formal written warnings, but also injunction suits and damages claims. Businesses can turn to lawyers who are experienced in the field of intellectual property law in order to protect their trade mark rights and be able to react appropriately in response to infringements.

On the other hand, it is possible for existing trade marks rights to be infringed completely unwittingly. Legal expertise is equally important in these instances.

https://www.grprainer.com/en/legal-advice/industrial-property-law.html

GRP Rainer www.grprainer.com/en/ is an international full service law firm. The lawyers counsel on corporate and commercial law, business law, tax law, IT law and IP law and distribution law. The law firm advises international companies, corporations, mid-sized businesses and private clients worldwide. GRP Rainer can be found in Berlin Bonn Cologne Duesseldorf Frankfurt Hamburg Munich Stuttgart, Germany and London, UK.

Contact
GRP Rainer LLP
Michael Rainer
Augustinerstraße 10
50667 Cologne
Phone: +49 221-27 22 75-0
Fax: +49 221-27 22 75-24
E-Mail: info@grprainer.com
Url: http://www.grprainer.com/en