The basis for successful utilisation of your invention is an early and well considered protection against competitors and imitations. The team at Jell Patent Attorney prepares an individual strategy together with you, and offers you technical and legal support in all matters of commercial property rights associated with patents, utility models, trademarks and designs. This also includes research activities, patent monitoring, preparation of expert appraisals or the drafting of licence contracts. In addition, we can also draw on many years of successful collaboration with national colleagues virtually anywhere in the world.
ICANN has introduced the so-called Uniform Domain Name Dispute Resolution Policy (UDRP) for the resolution of domain name disputes. This process can be applied to domain name conflicts concerning generic and various country-specific top-level domains. Approved dispute resolution service providers include WIPO, NAF and ADNDRC, among others. In addition to careful preparation of the complaint, attention must be paid in particular to acting quickly – for instance because of the risk of the domain being transferred to a different domain holder.
A European patent filing offers the significant benefit of a centralised granting procedure for all signatory states of the European Patent Convention. These include not only the member states of the European Union, but also other states such as Switzerland, Norway and Turkey. A granted European patent essentially grants its holder the same rights in each of these states as a national patent. Thus, a European patent filing is a cost-efficient and time-saving alternative to multiple national procedures (possibly even in different languages).
In 2013, Lindt & Sprüngli had to accept a defeat in the dispute regarding their chocolate gold bunny before the German Federal Supreme Court. Whilst numerous manufacturers had refrained from producing a “similar” bunny in view of Lindt’s three-dimensional trademark, Confiserie Riegelein in Bavaria took a stand and insisted that the bunny form protected by Lindt was one of their own traditional forms. In Austria, on the other hand, Lindt was more successful and the Supreme Court ruled in their favour in a dispute with the company Hauswirth from Burgenland. This dispute was also about a bunny wrapped in gold foil with a ribbon.
A trademark conveys values to the customers and turns an anonymous product into a unique article. Accordingly, the value of a trademark as “intellectual property” is very highly rated – very much like patents and copyrights. Therefore everyone who uses a trademark should not only protect it (have it registered), but should also monitor it for any new third-party filings. Because only very few authorities check whether a similar/identical trademark has already been registered – and existing rights might be infringed upon – when a trademark is filed. Our individually customised monitoring ensures that you will get the information you need in order to oppose such filings effectively at an early point in time.
Trademark owners are increasingly confronted with their trademark being registered as a domain name by third parties. For the trademark owner, it is not easy to keep an overview of the options available to them in order to assert their rights against such domain holders – not least because of the multitude of new top-level domains on the market. However, there are effective ways to protect and assert your rights. In addition to contact being made by our attorneys, these also include the ICANN UDRP as well as other dispute resolution procedures for top-level domains.
Patents protect technical solutions: objects (product, device) and activities (method, use). Apart from certain formal requirements in the filing, they must fulfil the criteria of novelty, inventive step and commercial applicability. In the course of the official examination, it is ensured that patents are only granted for inventions that meet these criteria. Legally, a patent is a territorially and temporally limited exclusion right (monopoly) that authorises its owner to exclude third parties from it.
In addition to a patent, a utility model is another possibility to protect a technical invention. The filing requirements are essentially the same as those for a patent filing, but a utility model filing is not subjected to the same granting procedure. A major advantage is the fact that in some countries a utility model right can still be obtained even after publication of the invention, thus protecting it from third parties.
Your trademark allows you to convey values to your customers – because recognition turns an anonymous product into a unique article.
A trademark protects the identity and individuality as well as the image of your company (corporate identity) and product, and is therefore not only an indispensable marketing instrument, but also often an important element of the goodwill.
Since it is uniqueness that makes a trademark valuable, attention should be paid from an early stage on to make sure that competitors do not assimilate it. This is done by registering the trademark, which can usually be done without complications and at relatively low costs if the filing is well prepared. The entry in the trademark register makes it considerably easier to proceed against possible copycats who want to have a share of your success.
Design protection refers to the aesthetic design of a product, i.e. how the product is perceived visually. This specific property of a product is very important for arousing emotions and stimulating its purchase. Therefore it is often advisable, at least in a company’s core countries, to protect your creative activities from copycats in time, for instance with the relatively low-cost registration of a Community design that is valid for the entire EU.
With the help of a registered design, you can protect the colouring and shaping design of virtually any industrially or non-industrially manufacturable products – e.g. graphic symbols, articles of clothing, packaging, tools, but also their components. A valid registration can convey the exclusive right to use the design – and to forbid third parties to use it in the production, sale, import or export of products.
We examine your development in detail in order to analyse its core points, and we advise you on all your commercial property right options.
In order to obtain the best possible protection for you, we regard implementation of the discussed strategy as a continuous communication process.
Patents and trademarks have a long lifetime! We handle the relevant deadlines and take all the steps necessary in order to maintain your property rights for you.
The firm Jell Patent Attorney was founded in 2010 and is domiciled in Linz, in the immediate vicinity of the Chamber of Economics.
A technical and natural science team consisting of experts from mechatronics and electrical engineering right through to pharmaceuticals is there to support you.
Patent attorney Friedrich Jell has many years of industrial experience with Austria Micro Systems AG (www.austriamicrosystems.com), Siemens AG (www.siemens.de) and Texas Instruments (www.ti.com), which can contribute towards finding customised solutions in virtually all areas of commercial property rights.
Austrian & European Patent Attorney
European Trademark and Design Attorney
Academic Study: Mechatronik at JKU Linz
In business since 2001
European Patent Attorney
Academic study: Pharmacy at KF-University Graz, Austria
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