(040) 882 153 900info@slopek.comInitial consultation
Rechtsanwalt Dr. David Slopek, LL.M., smiling at the meeting table in the Hamburg office – advice in trade mark law at Slopek Intellectual Property
Rechtsanwältin Laura Weckwerth, specialist lawyer for intellectual property, in the Hamburg office – trade mark advice at Slopek Intellectual Property

Your law firm for Trade mark law

We check whether your sign is available, file the application, keep an eye on the registers and take action against imitators. And if you are accused of trade mark infringement yourself, we defend you – from Hamburg, throughout Germany, in person or by video call.

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Dr. David Slopek, LL.M.Lawyer (Rechtsanwalt)
Certified Specialist in Intellectual Property Law (Fachanwalt)
anwalt.de · as of October 2026
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Trade mark law

A name that belongs to you

A company or product name is quickly found – and just as quickly claimed by someone else. Only a registered trade mark turns a name, logo or slogan into a right that you can enforce, license and sell. Without registration, protection usually depends on how well known the sign already is.

When registering a mark, the office does not examine whether older, similar marks exist. Conflicts therefore often surface only when an opposition is filed or a cease-and-desist letter arrives. A careful clearance search and a well-considered list of goods and services save a great deal of trouble later on.

We advise businesses of every size – from the first idea for a name through German, EU and international filings to proceedings in court. We act for owners of earlier rights just as we do for businesses that need to defend themselves against claims.

Services

Our services in trade mark law

Rechtsanwalt Dr. David Slopek, LL.M., Certified Specialist in Intellectual Property Law (Fachanwalt), at Slopek Intellectual Property
Your contacts in trade mark law

When it gets serious, every week counts.

A warning letter in the post, a copycat on a marketplace or counterfeit goods at the border: in trade mark disputes, the first few days often set the course. I enforce your trade mark – from the warning letter and preliminary injunction through to court proceedings – and defend you if you are accused of infringement yourself.

Send me the letter or a link to the offer. You will learn from me which deadlines are running and how I assess the prospects and risks.

Signature of Rechtsanwalt Dr. David Slopek

Dr. David Slopek, LL.M.Lawyer (Rechtsanwalt)Certified Specialist in Intellectual Property Law (Fachanwalt)

A good trade mark starts long before the application.

Many trade mark disputes can be avoided: with a search before the launch, a well-suited specification or a look at the registers before the opposition period expires. That is exactly where I support you – and if a dispute does arise, I am at your side.

You will receive a clear assessment from me and a recommendation that suits your business. Write to me or give me a call – I look forward to getting to know your brand.

Signature of Rechtsanwältin Laura Weckwerth

Laura WeckwerthLawyer (Rechtsanwältin)Certified Specialist in Intellectual Property Law (Fachanwältin)

In detail

What we do for you in trade mark law

  1. 01 / 07

    Clearance and filing

    Before you invest in a logo, packaging and a website, you should know whether the name is available. We run the searches, assess whether the sign can be registered, draft a list of goods and services that covers what you actually offer, and file the application.

    • Identity and similarity searches
    • Assessment of distinctiveness
    • Tailoring the classes and the specification
    • German trade mark, EU trade mark, international registration

    Filing from EUR 399 plus VAT and official fees

    Send an enquiry

    What matters

    Why the search matters

    The office registers a trade mark without checking for earlier rights. Otherwise you only find out whether a third party will oppose or send a warning letter once money and time have already been spent.

    The specification

    The goods and services listed determine what your trade mark covers. If the list is too narrow, gaps remain; if it is too broad, the mark becomes vulnerable to attack.

    Which territory?

    A German trade mark is inexpensive and quick; an EU trade mark covers all 27 EU member states. Protection can be extended to further countries via WIPO.

    Official fees

    At the German Patent and Trade Mark Office (DPMA), an electronic application costs EUR 290 for up to three classes and EUR 100 for each additional class. At the EUIPO, the fee is EUR 850 for one class, EUR 50 for the second and EUR 150 for the third and each further class.

  2. 02 / 07

    Trade mark watch

    A trade mark that is not defended loses its strength. We monitor the registers continuously and report later filings that may conflict with your mark – leaving time to file an opposition.

    • Ongoing monitoring of identical and similar signs
    • Legal assessment of every conflict
    • Alerts on running deadlines
    • Opposition filed directly on request

    EUR 399 per year plus VAT

    Send an enquiry

    What matters

    Deadlines

    The opposition period is three months: for German trade marks it runs from publication of the registration, for EU trade marks from publication of the application.

    What we report

    Not every similarity is a threat. We filter the results and tell you which conflicts are worth acting on.

    Several markets

    The watch can cover the registers of every market you operate in – national, European or international.

    After the deadline

    Once the opposition period has expired, the usual remaining route is the more demanding one of an application for revocation or a declaration of invalidity.

  3. 03 / 07

    Opposition and cancellation

    Whether you want to remove a later trade mark from the register or keep your own mark in place against an attack: we represent you in opposition, revocation and invalidity proceedings before the DPMA and the EUIPO.

    • Oppositions against conflicting applications
    • Defending your own trade mark
    • Applications for revocation and invalidity
    • Responses to objections raised by the office
    Send an enquiry

    What matters

    Proof of use

    If a trade mark has not been put to genuine use within five years of registration, the other side can rely on this. Good evidence of use decides many proceedings.

    Likelihood of confusion

    What counts is the similarity of the signs, the proximity of the goods and services and the distinctiveness of the earlier mark.

    Bad-faith filings

    Anyone who files a trade mark merely to obstruct someone else risks having it declared invalid. We look into this route when your name is being blocked by a third party.

    Settlement

    Many conflicts end with a delimitation agreement. We negotiate it so that you keep room for future products.

  4. 04 / 07

    Pursuing infringements

    If someone else uses your sign or one that is confusingly similar, we enforce your claims – out of court or before the specialised trade mark chambers of the regional courts (Landgerichte).

    • Securing and assessing the evidence
    • Cease-and-desist letter demanding an undertaking
    • Preliminary injunction where the matter is urgent
    • Action for injunctive relief, information and damages
    Send an enquiry

    What matters

    Speed

    For summary proceedings, the courts require you to act promptly once you become aware of the infringement. Those who wait lose this option.

    Claims

    Besides injunctive relief, the claims available include information on origin and scope, damages, and recall and destruction of the goods.

    Costs

    Where a warning letter is justified, the infringer generally has to reimburse the legal fees.

    Online marketplaces

    For listings on platforms, we additionally use the providers’ notice-and-takedown procedures.

  5. 05 / 07

    Received a warning letter

    Not every warning letter is justified, and many demand more than is actually owed. We examine the allegation, negotiate costs and transition periods and defend you if proceedings follow.

    • Review of the trade mark, similarity and use
    • A modified undertaking where appropriate
    • Negotiations on costs and sell-off periods
    • Protective letter and representation in court
    Send an enquiry

    What matters

    Points of attack

    Often the earlier mark is not in use, is weak or is registered for other goods. Sometimes the tables can be turned.

    The undertaking

    An undertaking worded too broadly can become expensive. We draft a declaration that limits the risk – or advise against giving one at all.

    Protective letter

    If a preliminary injunction is looming, we file your position in advance with the central electronic register (Schutzschriftenregister) so that the court takes it into account.

    Rebranding

    If a name has to be given up, we negotiate a period in which you can sell off remaining stock and make the change.

  6. 06 / 07

    Licences and co-existence

    Trade marks are assets. We draft licence, purchase and delimitation agreements that set out who may use which sign, where and for what – and what applies when the cooperation ends.

    • Licence agreements for licensors and licensees
    • Assignment and purchase of trade marks
    • Delimitation and co-existence agreements
    • Review of draft contracts put before you
    Send an enquiry

    What matters

    Scope of the licence

    Exclusive or non-exclusive, for which territory, which products and which term: the clearer the contract, the fewer the disputes.

    Quality

    The licensor should reserve rights of control so that the licence does not reduce the value of the trade mark.

    Assignment

    Before a trade mark is purchased, we check its validity, the state of use and any earlier third-party rights.

    Co-existence

    Where two similar trade marks are to exist side by side, we define the boundaries – by goods, territories or design.

  7. 07 / 07

    Customs and product piracy

    With an application for customs action (Grenzbeschlagnahme), the customs authorities detain suspicious goods before they are released into circulation. We file the application, handle the proceedings and make sure that counterfeits are destroyed.

    • Application to customs – national or EU-wide
    • Handling of detained consignments
    • Destruction under the simplified procedure
    • Action against traders and importers
    Send an enquiry

    What matters

    How it works

    Customs receives information that helps it tell genuine goods from counterfeits, and reports suspicious consignments.

    Quick response

    After a notification, the deadlines are short. We inspect the goods and agree the next steps with you.

    Destruction

    If the recipient does not object, the goods can be destroyed without court proceedings.

    The people behind it

    Claims for information help to uncover supply chains and to take action against the source.

  8. Other

    A different question on trade mark law?

    Company names, domains, social media accounts or a dispute with a former business partner: trade mark issues come in many forms. Tell us about yours, even if your case does not fit any of the tiles.

    • A call or an email with the key documents is all it takes
    • Initial consultation at a fixed fee of EUR 299 plus VAT
    • You will know the costs of any further steps in advance
    • Germany-wide – at our office or by video call
    Get in touch +49 (0)40 882153900
FAQ

Frequently asked questions on trade mark law

Your question is not answered here? Write to us – we will get back to you promptly.

Is registering a trade mark worthwhile for small businesses too?

Especially for them. Without registration, you usually have to prove your rights in a name through how well known it is. A registered trade mark gives you a clear right – and prevents someone else from filing the name first and then bringing claims against you.

How much does it cost to register a trade mark?

At the DPMA, an electronic application costs an official fee of EUR 290 for up to three classes and EUR 100 for each further class. At the EUIPO, it is EUR 850 for one class, EUR 50 for the second and EUR 150 for the third and each further class. Our fee for the filing starts at EUR 399 plus VAT; a clearance search is quoted separately.

German trade mark or EU trade mark?

That depends on your markets. A German trade mark is cheaper and registered more quickly. An EU trade mark is valid in all 27 EU member states, but it can also be brought down by an earlier right in just one member state. For countries outside the EU, protection can be extended through an international registration.

How long is a trade mark protected?

Initially for ten years. After that, protection can be renewed for a fee as often as you like, for ten years at a time. Important: if the trade mark has not been put to genuine use after five years, it can be challenged.

I have received a trade mark warning letter. What should I do?

Take the deadline seriously, but do not rush into anything. Do not sign the enclosed undertaking without having it checked, and do not negotiate with the other side yourself. The allegation is often open to challenge or the demand too broadly framed. Send us the letter – we will discuss your options at short notice.

A third party is using my trade mark – what claims do I have?

You can demand that they cease and desist, provide information and pay damages; in the case of counterfeits, also recall and destruction. It usually begins with a warning letter; if time is pressing, we apply for a preliminary injunction. For that, you must act promptly once you become aware of the infringement.

Where can I find a trade mark lawyer in Hamburg, Germany?

If you are looking for a trade mark lawyer in Hamburg, Germany, you will find Slopek Intellectual Property at Zippelhaus 6, 20457 Hamburg, near Meßberg underground station. From here we represent clients throughout Germany – before the DPMA and the EUIPO as well as before the trade mark courts. Your contact is Rechtsanwältin Laura Weckwerth, Certified Specialist in Intellectual Property Law (Fachanwältin); you can reach her at laura.weckwerth@slopek.com or +49 40 882 153 900.

Do I need a trade mark lawyer to register a trade mark in Germany?

It is not mandatory – anyone can file with the DPMA. A trade mark lawyer will, however, check in advance whether earlier marks stand in the way and whether the sign is distinctive, and will draft the list of goods and services to cover your business. Mistakes there are hard to fix later, because the list cannot be broadened after filing. An initial consultation with Slopek Intellectual Property costs EUR 299 plus VAT.

What is an opposition against a trade mark?

An opposition allows the owner of an earlier mark to challenge a later one. At the DPMA, the deadline is three months from publication of the registration (Section 42 German Trade Mark Act); at the EUIPO, three months from publication of the application. The procedure is comparatively inexpensive; if the deadline is missed, the only options left are an application for revocation or invalidity or court action.

Can I register a descriptive term as a trade mark?

Usually not. Signs lacking distinctive character and indications that merely describe the type, quality or intended purpose of the goods are excluded from registration (Section 8(2) nos. 1 and 2 German Trade Mark Act) – for example “Fresh Bread” for bakery products. A modification, an invented element or a distinctive graphic design can help. Exceptionally, a descriptive sign can be registered if it has acquired distinctiveness through use (Section 8(3) German Trade Mark Act).