1. What’s the problem?
Corona time seems to be warning time!
To contain corona infections, there are separating discs in the checkout areas and reception counters of companies, medical practices and offices, which enable communication with patients, customers or clients, but are intended to prevent droplet infection. Terms such as “Plexiglas” or “spit protection” are often used by suppliers of such cutting discs.
But did you know that these terms are protected as trademarks?
For example, the German word mark “Plexiglas” for the product area “safety glass, glass, mica, glass substitutes and goods” has been protected for Röhm GmbH, Darmstadt, since 1933 (DE461639).
The brand “spit protection” is in turn for the Nice class 9 (“Scientific, nautical, surveying, photographic, film, optical, weighing, measuring, signaling, control, rescue and teaching apparatus and instruments; Apparatus and instruments for conducting, switching, converting, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, phonograph records; CDs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines “Hardware for data processing, computers; computer software; fire extinguishers”) on May 18, 2020 as a German word mark (3020200099838). Here the trademark applicants could aim at the protection area “Mechanics for coin-operated devices” and “Cash registers”. Honi soit qui mal y pense!
2. What should I do?
Do not help yourself, but let yourself be helped – by a specialist, ideally a specialist lawyer for industrial property rights. If handled incorrectly, the matter can have serious financial and legal consequences for your company, but also for you personally (e.g. as a managing director). Do not contact the other side, but send me your warning for inspection. I will then be happy to make you an attractive offer.
3. Why lawyer Dr. Dam?
I have a doctorate in intellectual property law and am constantly training in this area as a specialist lawyer for intellectual property law. I have been working almost exclusively in IT / IP law for more than 15 years and have accompanied countless legal cases, including cases up to the Federal Court of Justice. Distance selling law, i.e. the sale of goods and services on the Internet, and competition, trademark, design and copyright law are central to my work.
By the way: I would be happy to help you with a web check to avoid legal violations in your online shop. And on my law firm’s website you will find more than 7,000 judgments and articles in the field of intellectual property / IT law, which are supplemented with new entries almost every working day.
Lawyer
Dr. jur. Ole Damm
Specialist lawyer for IT law
Specialist lawyer for intellectual property law
certified data protection officer (TÜV Rheinland)
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