Intellectual property (Gewerblicher Rechtsschutz) – trade marks, designs & patents

Organise intellectual property early, before gaps in protection become expensive in the market

Quick start: what is your matter about?

Your contact: Jean Paul P. Bohne, LL.M., MM

Partner, certified specialist lawyer for copyright and media law and for IT law (Fachanwalt für Urheber- und Medienrecht, Fachanwalt für IT-Recht).

Request a mandate

What happens after your enquiry?

After your enquiry, we will get back to you within 24 hours on working days. The first contact is free of charge. Before any costs arise, we will expressly point this out to you.

1. A short description is enough. Describe the protective right, the market and the opposing party. Register extracts, screenshots and deadlines are helpful.
2. Receipt and initial sorting. We assess the enquiry on the basis of the project described, the documents and the apparent goal. Deadlines and dates should be clearly recognisable.
3. Suitable starting point and cost range. We clarify whether an initial consultation, a service package or a specific mandate is the next step. As soon as the scope of the review is clear, we tell you the cost range – before work begins.

Typical cases from our practice

The following scenarios are abstracted and simplified. Which solution holds up always depends on the specific facts and the contractual situation.

What you will have at the end

When this main area is the right starting point

This page is right above all when the situation is clearly entrepreneurial and related to protective rights, but it is not yet clear whether trade mark law, design law, patent law, competition law, trade secret protection, domain law or licensing forms the main axis.

Typical constellations

• new name, new product, rebranding or series mark before the roll-out
• product copy, deception as to origin, imitation or parasitic exploitation in the market
• technical innovation, confidential development or sensitive disclosure before a pitch, demo or due diligence
• domain conflict, platform sales, disputed listings or digital distinction in competition
• licensing, rights clearance, portfolio building or investor readiness with an IP connection

Where the first route often begins elsewhere

• If works, images, texts, music, code or creative content are at the centre: rather copyright law (Urheberrecht) or media law (Medienrecht).
• If it is primarily about websites, apps, SaaS, platform architecture or contract logic: rather IT law (IT-Recht).
• If the focus is on advertising claims, campaigns or product claims: rather advertising law (Werberecht) or product advertising (Produktwerbung).
• If deadlines, pressure of attack and court tactics count above all: rather preliminary injunction (einstweilige Verfügung) or litigation & litigation PR.

What is decisive is not the broadest route, but the page that leads the case directly to the right in-depth area.

The most important routes in intellectual property

The main page classifies. The specialist pages go into depth. This section is therefore about the routes that most often apply to companies in practice.

Trade mark law for names, signs and indications of origin

Decisive when labelling, recognition, series logic, product name, logo or trade mark conflict are at the centre. Typical follow-up cases are registration, opposition, Abmahnung and enforcement in court.

Further reading:

• Trade mark law (Markenrecht)
• Register a trade mark
• Opposition against a trade mark
• Trade mark action (Markenrechtsklage)

Design law for visible product and interface design

More specific when shape, packaging, graphical user interface, UI, icons or other distinctive forms of appearance carry commercial weight and imitations are to be prevented or made more difficult.

Continue to design law (Designrecht) and register a design.

Patent law for technical protection strategies

Relevant when the actual differentiation is technical and the right sequence of patent application, secrecy, product communication and exploitation needs to be clarified.

Continue to patent law (Patentrecht) and Green IP.

Competition law for market conduct, imitation and attack situations

The right route when registered rights alone are not enough or when advertising presence, market communication, obstruction, misleading practices or pressure for injunctive relief form the actual problem.

Further reading:

• Competition law (Wettbewerbsrecht)
• Advertising law (Werberecht)
• Product advertising & claims

Trade secret protection for know-how and controlled disclosure

Particularly important when the commercial lead lies in internal information and premature disclosure would weaken rather than strengthen the later position.

Continue to trade secret protection (Geschäftsgeheimnisschutz) and NDA & confidentiality.

Domain law and licensing for digital sign and exploitation issues

These routes become important when domains, registrar access, portfolio management, rights of use, chains of title and commercial exploitation determine the later scope for action.

Further reading:

• Domain law (Domainrecht)
• Licensing (Lizenzierung)
• Start-up advice

Check your situation yourself first

With these checks (in German) you can assess your situation yourself in advance. The result does not replace legal advice, but it shows where you should take a closer look.

The basics explained clearly

These articles (in German) explain the basic concepts of this area and remain valid beyond individual decisions.

When you need us

Mandates here almost never begin with an abstract definition. Usually there is already a specific business situation from which the selection, priority and escalation logic follow.

Before launch, rebranding or a new product presence

This is about approval, conflict risks and roll-out certainty. Typical issues are the product name, series name, platform name, visible design, domain strategy and the question of whether to file an application before the first publication or deliberately hold back.

Further reading:

• Trade mark law (Markenrecht)
• Register a trade mark
• Design law (Designrecht)
• Domain law (Domainrecht)

In the case of product copies, deception as to origin or parasitic imitation

Then an isolated view of one protective right is often not enough. What matters is whether registered rights exist, whether supplementary protection under competition law (wettbewerbsrechtlicher Leistungsschutz) applies, how robust the evidence is and whether platform measures or urgent proceedings need to be considered.

Further reading:

• Competition law (Wettbewerbsrecht)
• Trade mark law (Markenrecht)
• Design law (Designrecht)
• Preliminary injunction (einstweilige Verfügung)

In the case of technical innovation or know-how worth protecting

The core conflict here is less often patent yes or no than bringing application, secrecy, documentation and commercial exploitability into the right order. Anyone who discloses too early often weakens their later position even before the actual market attack.

Further reading:

• Patent law (Patentrecht)
• Trade secret protection (Geschäftsgeheimnisschutz)
• NDA & confidentiality

Before financing, a transaction or scaling

At the latest in the case of an investment, exit, sales partnerships or international expansion, a protective right becomes an object of valuation and negotiation. Then ownership, scope, chain of title, usage model and enforceability count.

Further reading:

• Licensing (Lizenzierung)
• Start-up advice
• IT law (IT-Recht)

Common misclassifications and important interfaces

In digital business models in particular, cases quickly tip into the wrong area. Good guidance in the main area therefore also means making the typical transitions clearly visible.

Works, content and publication

If images, texts, music, film, software code or journalistic communication form the focus, the combination of protecting creative work and publication logic is often the first axis before intellectual property.

Continue to copyright law (Urheberrecht) and media law (Medienrecht).

Website, app, SaaS, platform and contract architecture

If product operation, system logic, software, SaaS, data flows or digital service relationships set the pace, IT law or data law is often the more specific leading area – flanked by intellectual property.

Continue to IT law (IT-Recht) and data law (Datenrecht).

Claims, campaigns and sales communication

Many conflicts revolve less around the protective right itself than around the way products, sustainability, effects or market promises are communicated. Then IP, the UWG and advertising law run in parallel.

Further reading:

• Advertising law (Werberecht)
• Product advertising & claims
• Marketing law (Marketingrecht)

Hard escalation, urgent proceedings and court strategy

If deadlines are running, sales are to be stopped or platform and market presence are acutely at risk, the protective rights issue becomes a matter of proceedings and conflict management with its own tactics.

Continue to preliminary injunction (einstweilige Verfügung) and litigation & litigation PR.

Steering attack, defence and urgent proceedings correctly

In a conflict, it is not only who might be right on the merits that counts. What is decisive are deadlines, preservation of evidence, the scope of the allegation, technical feasibility and the commercial question of which response your company can actually bear.

If your company is attacked

Deadlines must be checked immediately, allegations broken down properly and the scope of possible injunctive relief assessed realistically. Not every attack requires the same response.

Continue to defending against an Abmahnung and opposition against a trade mark.

If you want to enforce your rights yourself

Then evidence, urgency, wording of the claim and escalation logic are decisive. What matters is whether an Abmahnung, negotiation, platform step, interim relief or an action forms the commercially strongest line.

Continue to trade mark action (Markenrechtsklage) and preliminary injunction (einstweilige Verfügung).

If platforms, domains or digital reach are involved

Many conflicts are at the same time conflicts about sales, visibility and access. Then the domain situation, platform communication and market conduct should not be considered separately from the protective right.

Continue to domain law (Domainrecht) and competition law (Wettbewerbsrecht).

What should be secured first in an urgent case

• register status, evidence of use, publication dates and screenshots
• contracts, rights of use, design versions, development documents and communication histories
• platform or marketplace situation, listings, campaign material and reach
• internal communication discipline, so that hasty reactions do not trigger new risks

Chain of title, exploitation and official guidance

Commercially, many protective rights fail less often because of the register than because of unclear allocation. Who develops, who files, who may use, who may pass on and who controls exploitation? These questions often decide the later value of the portfolio even before the first dispute.

Where chains of title typically break

• Founders, the company and service providers use key assets without properly transferring ownership.
• Agencies, freelancers or developers create distinctive signs, designs or technical preliminary work without a robust transfer of rights.
• Collaborations and white-label models mix signs, design, distribution rights and access control.
• Confidentiality is asserted, but not implemented organisationally and contractually in a way that holds up later.

Further reading:

• Licensing (Lizenzierung)
• Confidentiality
• Start-up advice
• IT law (IT-Recht)

Official bodies and registers for initial orientation

These sources do not replace a review of the individual case, but they help with registration, register searches and a basic understanding of the protection logic.

Further reading:

• DPMA: trade marks – overview, registration and procedure (opens in a new tab)
• DPMA: design protection – scope of protection and representation (opens in a new tab)
• DPMAregister: search protective rights (opens in a new tab)
• EUIPO: basics of the EU trade mark (opens in a new tab)
• Trade Secrets Act (Gesetz zum Schutz von Geschäftsgeheimnissen) (opens in a new tab)

For strategic decisions, it is regularly decisive whether a protective right exists and whether the filing route, territory, order of disclosure and exploitation model fit together.

For whom this advice is particularly relevant

The range of mandates is broader than just classic industrial or trading companies. Depending on the business model, the focus of protection shifts significantly – for example towards brand management, product imitation, platform enforcement, trade secret protection or investor readiness.

Start-ups and growth companies

Early IP structure, chains of title between founders, launch logic, investor readiness and a scalable protective rights strategy.

Manufacturers, developers and importers

Design, technology, product copies, platform sales, borderline cases in imports and protection of visible or technical differentiation.

Brand manufacturers and e-commerce providers

Brand management, series marks, listings, keyword use, advertising claims, imitations and swift enforcement in sales.

Agencies and marketing managers

Naming, claims, campaigns, licence chains, image and content use, Abmahnung risks and approval processes.

Rights holders and claimants

Structured Abmahnung, information, injunctive relief, preliminary injunction, action and commercially sensible escalation.

Targets of attacks

Defence against excessive or unjustified claims, deadline management and pragmatic conflict resolution with a view to the business.

Important distinction

If the focus is on works, images, texts, software code, personality protection or journalistic communication, the more specific first point of contact may also be copyright law (Urheberrecht) or media law (Medienrecht). Intellectual property then often remains relevant, but not necessarily the primary area.

Key terms

Intellectual property law

Protection of trade mark, design, patent and competitive position.

Chain of rights

Complete allocation of the rights to the company.

Trade secret

Confidential know-how with appropriate protective measures.

Preliminary injunction

Urgent court decision on injunctive relief.

These terms explain the language used on this page. What matters is always the specific individual case.

Provisions and reliable sources

The following statutory provisions and regulations are cited on this page.

Frequently asked questions about intellectual property

The answers provide a robust initial framework. For the assessment of the individual case, the product, market, state of disclosure, contractual situation, target territories and evidence remain decisive.

Contacts and direct start