Administrative acts
can cause further litigations. The date of filing is not accepted by the Patent Office, during the application procedure the payment of fees and/or form, content of an application for a mark, patent, utility model or for a community design is complaint. During the examination procedure no agreement about the catalogue of classes of goods or about the main claim the can be achieved. The decision about an opposition against the registration of a trade mark, the decision about a request for cancellation are not correct.
After infringement of a protective right
it depends on the extent of protection and the right of prohibition which vary considerably. The enforcement of such rights in the inland can be tried for extra-judicial or by legal action. The below mentioned examples are described considerably shortened and idealized.
Examples for an infringement:
- A sign which is identical to an older trade mark is registrated without previous investigation. Furthermore the list of goods and services of the older trade mark and the sign contain identical goods and services. As with registration of a trade mark there is a requirement to use there is danger that the owner of the older trade mark sues out a warning and/or a declaration to cease and desist and claims the cancellation of the sign and/or recovery of damages.
- Based on a duly invention disclosure from his employee an employer files an application for a German patent. Due to missing claim of the invention by declaration against the employer respectively release of the service invention concerning international registrations for the employer there can result considerable legal consequences such as claim for assignment of the application respectively the patent and for recovery of damages.
Please note the Legal Notices.
