Copyright protects a work of an artist, it comes into existence with the creation of the work and does not require registration or anything similar. A trade mark can be registered for terms, signs, images, logos and many other variations. Registration of the trade mark is a prerequisite for protection. This distinguishes it from copyright. The same applies to designs and patents. While designs protect the shape of objects, patents are only possible for technical inventions.

Copyright protection in Germany is automatic. It cannot and does not have to be applied for separately. Problems often arise in the context of proving who did what first and how. It is therefore advisable to take evidence of one's works, in particular the time at which they were made.

In addition to the classic and most important trademark forms of the word mark, word picture mark and figurative mark, there are a variety of other trademark forms. For example, colours, holograms, multimedia signs and sounds can be protected as trade marks.
From a territorial point of view, in addition to national trade marks, there is also the Union trade mark, which covers the entire territory of the EU, and the possibility of international registration, with which national trade marks can be extended to other national territories. This is possible in all countries that have signed the so-called Madrid Protocol.

The cost of a trade mark application depends on the desired scope of protection. Trade marks are always divided into so-called Nice Classes. The Nice Classes essentially cover all areas of goods and services, so that you can have your trade mark protected specifically in the areas in which it is to be used. Each Nice Class you choose will cost additional fees.

The official fees for a German trade mark start at 290 EUR and for an EU trade mark at 850 EUR.

Data protection regulates the use of personal data. Since 2018, data protection in the European Union has been largely uniformly regulated by the GDPR. In Germany, further regulations from special laws must be observed in addition to this and the Federal Data Protection Act.

As a general rule, personal data should be processed as sparingly as possible. There always needs to be a reason and justification if you want to process data.

We are happy to provide comprehensive and goal-oriented advice on data protection.

Protecting one's own know-how is a difficult task in companies. With regard to third parties, the signing of so-called NDAs (Non Disclosure Agreements) is both necessary and sensible. Internally, technical and organisational measures should be taken to ensure good protection. Legally, in the event of a breach of confidentiality, one can rely on the law on the protection of business secrets.
We advise companies both preventively on the possible measures to safeguard their know-how and we represent them in proceedings in the event of infringements.