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New e-Mail-Address!
For the future please use solely
info@patkoenig.de
(30.11.2008)
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SPECIALIST ATTORNEY
Christian König has been awarded the additional professional title
of Fachanwalt für gewerblichen Rechtsschutz
(Specialist Attorney for Intellectual Property) by the regional bar
association. The fields of law for which the title has been awarded are:
- patent law
- trademark law
- design law
- unfair competition law
(23.10.2007)
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AMENDMENT OF THE PATENT OPPOSITION PROCEEDINGS
With the Law on Amendment of Patent Opposition Proceedings and of Law on Patent Charges (Gesetz zur Änderung des patentrechtlichen Einspruchsverfahrens und
des Patentkostengesetzes) in force from July 1st, 2006, the following changes arise for patent opposition proceedings in Germany:
- The German Patent and Trademark Office (GPTO) is in competency of the decisions on oppositions again from July 1st, 2006.
Nevertheless, for oppositions lodged until June 30, 2006, competency stays with the Federal Patent Court.
- By abrogation of § 60 of the German Patent Law, division of a patent during opposition proceedings is no more possible.
- For acceleration of the proceedings, the Senate of Appeals of the Federal Patent Court decides on request of one party on the opposition
if no other party objects within two months from service of the request or if at least 15 months have passed since end of the time limit for opposition,
except if, within three months after receipt of the request, summons for a hearing or the decision of the GPTO have been delivered.
- Joining an opposition and the request for judicial proceedings according to § 61 (2) German Patent Law are subject to fee.
These provisions, except for the ones concerning competency, are also valid for opposition proceedings that were already pending before July 1st, 2006.
(10.08.2006)
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PATENT LAWYERS' ASSOCIATION: INVESTIGATION PRIOR TO TRADEMARK APPLICATION COMPULSORY
According to the department in charge of professional duties of the steering committee of the
German Patent Lawyers' Association, it is part of diligent professionalism of a patent attorney
in terms of § 39 PAO (German Patent Attorneys' Ordinance) to conduct at least an identity research
in the prospective classes of goods/services prior to submittal of a trademark application.
Furthermore, the client is to be informed about the possibility of a similarity research as well as
a research concerning company and domain names. Likewise, the client is to be informed in terms of
infringement risks arising from a trademark application alone.
(I/11/03, Kammerrundschreiben (Associations Circular Letters) 2/06)
(06.06.2006)
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WARNING!
Recently, once again some companies or individuals offer the inscription
of patents, trademarks or other protection rights by using official
or officially sounding names without authority but charging
high fees for this service. The payment of these fees though would
be without any effect, as a valid protection for inventions and
trademarks in Germany can be achieved only from the German
Patent and Trademark Office and only there, fees can be charged
for these services. - In case of doubt, we kindly ask you to give
us a call.
(04122002)
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