Anschreiben, DE, EU, IT engl.

Dear __________________-

Please find below some informations concerning the intended trade mark application.

I.                   Registration of a German Trade Mark

1.      Signs to be protected (Trade Marks)

A trade mark is a sign for goods, services or distinguishing marks.

According to the German Trade Mark Law the following signs may be protected:

·        Word marks, including single words and combinations of letters and numbers;

·        Texts and combination of words, e.g. a slogan;

·        Figurative marks and graphic images;

·        Colours or combination of colours;

·        Combinations of words and figurative marks;

·        Sound marks, e.g. melodies;

·        Three-dimensional marks.

2.      Purpose of a Trade Mark Registration

By registering a trade mark at the German Trade Mark Office, the applicant acheives the right to use the trade mark exclusively. Competitors are not allowed to use an identical or similar trade mark likewise. The proprietor of a trade mark has got claims for default and damages against the competitor.

The registered trade mark represents an asset of property, which can be transfered to a third person. Furthermore, the owner of a trade mark has the right to grant a trademark licence.

3.      Procedure for Trade Mark Registration

For the protection of a trade mark, it is necessary to file an application. The trade mark, for which protection is sought, has to be  reproduced in the way, in which it is intended to be protected, because the registration is going to follow exactly the presentation in the application.

The figurative reproduction of a word may also be protected, if this is applied. If it is not, the mark will only be protected in the type used by the Trade Mark Office. So if the figurative representation of the type is supposed to be individual, a graphic reproduction of the word must be enclosed.

The Trademark charges a processing fee in the amount of �?� 300,00. This fee has to be transfered on the Office´s bank account after receipt of the filing is acknowledged, otherwise it will not be worked on. The processing fee of �?� 300,00 includes application and registration in three classes of goods and services (see Enclosure). For each additional class a fee of �?� 100,00 has to be paid. The choice of the classes is up to the applicant. Regarding this, the trade mark should be registered in those classes, where a situation of competition is possible. Naturally, the trade mark may be registered in any other class also.

In case you wish a faster handling of the application and registration, you may request an      accelerated examination, which costs an additional special fee of �?� 200,00

In order to apply the trade mark for you, we need a signed power of attorney, which you find enclosed.

As it is not possible anymore, to ask the Trade Mark Office by phone, if any identical trade mark is already registered, we recommend to let carry out a trade mark investigation. The costs herefore are �?� 285,00 plus value-added tax.

After receipt of the application, the Trade Mark Office examines, if an absolute ground for refusal exists (e.g. the sign is devoid of any distinctive character). In case the Trade Mark Office finds any defects, that lead to a refusal of the registration, it is possible to proceed against the Office´s decision, represented by counsel. Litigations have to be carried on at the Federal Patent Court and, in last instance, at Federal Supreme Court. If there are no grounds for refusal, the trade mark will be registered and published in the german Federal Law Gazette. After that, it is possible for competitors to give notice of opposition within a period of three months, ensuing the publication of the registration. Following this, a litigation concerning the legality of the trade mark may be carried on.

If no opposition has been filed within three months, the trade mark will be protected for a period of ten years, starting with the date of filing the application. It may be renewed for a further period of ten years.

In order to apply your trade mark, we need the following documents. After receipt, we will file the application immediately.

·        Four reproductions of the trade mark, showing exactly the desired representation. If the trade mark includes colours, watch the exact representation of the colour;

·        The enclosed power of attorney;

·        Notification that shall mention the goods and services to be marked with the filed trade mark;

·        Notification, if the applicant is an individual or a corporation;

·        Notification, if a trademark investigation shall be carried out.

II.                Registration of a Community Trade Mark (CTM)

Protection of a trade mark in Germany is obtained by registration at the German Trade Mark Office in Munich. By applying a Community Trade Mark it is possible to receive protection in all Member States of the European Community.

1.      Signs to be protected as a Community Trade Mark

Signs for goods and services or distinguishing marks, that can be protected according to the German Trade Mark Law, may be registered as a Community Trade Mark as well. The national registration remains unaffected.

2.      Purpose of the Community Trade Mark

The Community Trade Mark guarantees protection in all Member States of the European Community. It is a trade mark in it´s own right and must be applied at the Office for Harmonization in the International Market in Alicante/Spain, where it also becomes registered.

By the application and the ensuing registration of

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