Representation in proceedings before GPTO, OHIM or Wipo

On this occasion I explicit point out that already by undertaking an action to institue a procedure such as

to lodge an appeal or to file an opposition
to file an utility model, a design patent, or a trade mark or patent application

several time limits commence.

Furthermore it is possible that already at this point a loss of rights
and/or an infringement is imminent.

The following examples which are extremely shortened and thus incomplete are meant to call the inlander's attention to the fact that an early contact to the patent attorney of your confidence might at least be ingenious.

Examples for a loss of rights:

With filing an application, making a request or undertaking an action usually a fee is due. If this fee is not payed for, not complete payed for or not payed for within time limit the application deemed or the requst are considered to be withdrawn e.g. depending on statutory regulation the action as not beeing taken !!! (s. §6 PatKostG)
A request for a trade mark registration is filed with a list of goods and/or services which is incomplete and/or not grouped in classes. The filed utility model or patent application comprises no or not all claims. Suchl mistakes usually can only be corrected on acceptance of a later filing date.

Examples for an infringement:

Without performing a search for trademarks a sign is registered which is identical to an older registered trade mark. Furthermore the list of goods and services of the older registered trademark covers identical goods/services of the sign. As with registration of a trademark compulsory use is bound a warning letter and/or a declaration to cease under penalty of law by the proprietor is imminent and a claim for cancellation of the registered sign and/or compensation can be alleged.
A business man files a German patent application in accordance with an orderly employee's invention report. According to missing claim of the invention by statement as against the employee e.g. release of the service invention regarding foreign applications considerably legal consequences such as claim to transfer the application e.g. the patent and compensation may occur.

Please note the Legal Notices.

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