Trademark and Copyright Law Firm in Germany

Advice from our Certified Specialist Attorneys on Licensing, Cease-and-desist Letters, Lawsuits and more

Intellectual property is an essential asset for businesses, creative professionals and the self-employed in Gerrmany. In addition to trade marks, logos, texts, photographs and software, other creative works also require effective legal protection to secure long-term competitive advantages and prevent unauthorised use by third parties. Digitalisation and the increased use of artificial intelligence require companies and owners of intellectual property rights to give greater consideration to increasingly complex legal issues under german trade mark and copyright law.

The attorneys at Rose & Partner offer you comprehensive advice across all areas of german copyright and trade mark law. We support you from the registration and protection of your intellectual property rights, through the drafting of licence agreements, to the out-of-court and in-court enforcement or defence against claims in Germany. Through our strategic and practice-oriented advice, we help you to protect your intellectual property in a legally sound manner and to avoid liability risks at an early stage.

German Copyright Law – Full protection for copyrighted works in Germany

Copyright offers protection primarily for texts, books, photographs, graphics, music, films, videos, software and other works of literature, science and art. Copyright protection arises automatically upon the creation of the work. No prior registration or copyright notice is required. The only requirement is that the work meets the necessary threshold of originality. Depending on the type of work in question, different specific provisions apply under german copyright law, for example to photographs, films, computer programmes or music. In this context, the now widespread use of artificial intelligence, resulting in automatically generated content, raises new questions in the field of german copyright law.

Our english speaking attorneys provide comprehensive advice on all aspects of german copyright law to authors, companies, publishers, agencies, producers and other professionals in the creative industries. We check the protectability of a work on your behalf, ensure the legally sound structuring and transfer of usage rights, and handle the drafting and review of licence agreements according to german copyright law. You can also receive advice on fair remuneration, claims for supplementary remuneration and the legally compliant use of copyright-protected content in a business context in Germany.

Identifying copyright infringements and enforcing claims in Germany

If copyright is infringed through unauthorised use, this can result in significant financial loss for those affected. Examples of unauthorised use include the unauthorised reproduction of text, images, music or videos; the use of protected content on websites or social media accounts; and infringements relating to AI-generated content. Entrepreneurs, platform operators and managing directors in Germany must increasingly address liability risks as soon as copyright infringements occur in a business context.

Rights holders are by no means powerless against unauthorised use of their works; in addition to the right to have the infringement removed and to seek an injunction, under german copyright law they may also be entitled to information, damages and reimbursement of legal costs incurred. In addition to the out-of-court enforcement of these claims, we also assist you with interim injunctions and court proceedings. At the same time, we represent companies and private individuals in Germany accused of copyright infringement and develop tailored defence strategies.

Have you received a cease-and-desist letter for copyright infringement in Germany?

Before legal proceedings are brought under german copyright law, a cease-and-desist letter is usually issued first in order to bring an infringement to an end quickly out of court in Germany. A copyright warning letter often contains a demand to submit a cease-and-desist declaration subject to a penalty, as well as claims for damages, disclosure of information and reimbursement of legal fees. In practice, it is not uncommon for these claims to be excessive or unjustified, which is why both rights holders and those who have received a warning letter should seek legal advice in such cases.

If you have received a warning letter, it is essential that you meet the deadline – but without making any payments prematurely or signing the enclosed cease-and-desist declaration without having it checked by an attorney for german copyright law first. Our attorneys will assess the validity of the claims made, draft a modified cease-and-desist declaration where necessary, and represent you in settlement negotiations and in dealings with the opposing legal team in Germany. Conversely, we also advise rights holders on the legally sound drafting and enforcement of copyright warning letters under german copyright law.

Licence Agreements and Legally Secure Use in Germany

Rights of use must be clearly defined so that copyright-protected works can be used in a legally secure manner according to german copyright law. Regardless of whether the works in question are texts, photographs, music, videos, software or other creative works, the scope of the rights of use granted – in terms of content, duration, geographical scope and remuneration – must be clearly defined in Germany. Careful drafting of contracts is essential to prevent future copyright disputes and to provide legal certainty for both copyright holders and licencees.

Our english speaking attorneys advise you on german copyright law, in particular on the drafting and negotiation of licence and usage agreements for all types of works, and also assist you in reviewing such agreements. In the digital sphere, too, we answer your questions regarding the use of content on websites, social media or other platforms, as well as the legally compliant use of AI applications in Germany. In doing so, our lawyers always keep their sights set on the goal of avoiding liability risks at an early stage and permanently safeguarding existing copyright.

Enforcing your intellectual property rights in german court

Where an out-of-court settlement of a copyright dispute is not feasible, our copyright lawyers will represent you in court proceedings throughout Germany. Depending on the circumstances, interim injunctions may be appropriate to stop infringements at short notice, or legal actions may be brought to enforce claims for injunctions, disclosure, damages, removal of infringing material and reimbursement of costs. In german copyright law, most deadlines are set very short, which is why acting quickly is essential.

When it comes to enforcing or defending against court orders, we advise authors and rights holders as well as companies, directors and private individuals in Germany. Our english speaking german copyright attorneys offer comprehensive legal support, from the initial consultation through to the successful enforcement or defence of your rights in court.

German Trade Mark Law – Protection, Enforcement and Commercial Exploitation of Your Trade Mark in Germany

Trade marks form part of a company’s assets; they ensure brand recognition, build customer trust and provide competitive advantages in the german and international market. To protect the value of a trade mark in the long term, trade mark protection is essential. Our german law firm provides comprehensive advice to companies of all sizes, as well as start-ups and trademark owners, on the registration, use and enforcement of their own trademark rights, as well as in all other areas of trademark law.

Our certified specialists in intellectual property law support you from the initial idea through to the registration of your trade mark, right through to defending against infringements and the commercial exploitation of your intellectual property in Germany. Our english speaking german trade mark lawyers are also happy to assist you both in and out of court, for example in national, European and international trade mark proceedings.

Registering a trade mark and ensuring legal protection in Germany

Trademark protection in Germany generally begins with the registration of a trademark. However, even before applying for a trademark, the eligibility for protection of the desired sign and any potential conflicts with existing trademarks should be carefully examined, and a legally sound trademark strategy developed. In the run-up to registration, consideration must also be given to the selection of the appropriate classes of goods and services and the scope of territorial protection (national, European or international).

Our english speaking german trade mark lawyers will support you throughout the entire application process at the German Patent and Trade Mark Office (DPMA), the European Union Intellectual Property Office (EUIPO) or via WIPO’s Madrid System. In complex cases, we will also assist you with a professional trade mark search to identify conflicts with other trade marks at an early stage.

Identifying trade mark infringements and enforcing rights in Germany

A trade mark infringement does not only arise when two trade marks are used identically. Even similar signs can give rise to a potential risk of confusion and thereby infringe the trade mark proprietor’s rights. Where trade mark rights are infringed in Germany, the affected party generally has the option of asserting claims for an injunction, disclosure, damages, destruction and reimbursement of costs. On the other hand, recipients of a trademark cease-and-desist letter should have the claims made against them carefully reviewed by a trademark lawyer in Germany, as not every cease-and-desist letter is sent justifiably.

In the event of a trade mark infringement, our attorneys represent both trade mark owners as well as those who have received a warning letter, and develop a tailored strategy for the specific situation. In addition to the out-of-court enforcement of claims, we assist with opposition proceedings, applications for interim injunctions and legal proceedings before the competent courts in Germany.

Exploiting the commercial value of trade marks and structuring licensing models under german Trade Mark Law

In addition to simply providing brand recognition and identifying goods and services, trade marks represent a valuable asset for a company. Indeed, when a company grants licences for its own trade mark, it can even exploit its intellectual property rights commercially and permit third parties to use its trade mark without having to relinquish its own legal position. Such licences must be drafted with contractual flexibility. The scope, duration, geographical scope and exclusivity of the licence can be set out individually in the contract on a case-by-case basis.

Our german trade mark lawyers advise both licensors and licensees on licensing models and draft bespoke trade mark licence agreements according to german trade mark law. Furthermore, we assist you with the registration, amendment or cancellation of licences in the trade mark register, as well as with the enforcement of claims arising from existing licence agreements in Germany.

Defending, cancelling or maintaining trade marks in Germany

Trade marks may also be cancelled for various reasons, for example if they are challenged by third parties due to absolute grounds for refusal, prior trade mark rights or lack of use. It is also possible for trade mark proprietors themselves to decide to surrender the trade mark or individual areas of protection.

Our german trade mark law attorneys can assist you both in enforcing claims for cancellation and in defending existing trade marks. We handle proceedings before the DPMA, the EUIPO and the relevant courts, examine defences and potential courses of action, and develop strategies to safeguard your trade mark portfolio in the long term.

Comprehensive advice on german Trade Mark Law and german Copyright Law from a single source

In practice, trade mark law and copyright law often overlap with german competition law and other areas of german intellectual property law. When it comes to logos, designs, software, photographs or advertising materials, various intellectual property rights are usually intertwined. Our certified specialists in intellectual property law therefore offer you the comprehensive legal advice required to ensure the effective protection of your intellectual property in Germany.