JUVE Patent Germany 2023: BOEHMERT & BOEHMERT recommended for three categories

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The IP firm is strongly positioned in patent proceedings and litigates with mixed teams predominantly for small and medium-sized enterprises, is the conclusion of the JUVE Patent jury. The online magazine recommends BOEHMERT & BOEHMERT again this year for the categories “Patent Filing”, “Litigation: Patent Attorneys” and “Litigation: Lawyers”.

Strong filing practice for innovative medium-sized as well as international companies

The litigation work results from the strong patent application practice, according to JUVE Patent. This results from patent applications for a large number of innovative medium-sized companies in a broad technical spectrum – from mechanical engineering and electronics to pharmaceuticals and biotechnology. BOEHMERT & BOEHMERT is also successful in patent applications and oppositions for international groups.
In addition, the firm has seen an increase in advice in infringement proceedings in the field of life sciences, for example for pharmaceutical companies in the USA and India.

Strengths in technical disciplines, natural sciences and biotechnology

The jury sees particular strengths of the firm in litigation for SMEs in the fields of mechanical engineering, medical technology, electronics and pharmaceuticals, as well as in patent prosecution with renowned technical specializations in the fields of electronics, chemistry, pharmaceuticals and biotechnology.

With regard to UPC, BOEHMERT & BOEHMERT is well positioned with a mixed team in Munich and offices in Düsseldorf and Paris, he said. The firm had strengthened this axis by appointing a lawyer from the German team to head the Paris office.

With a special recommendation, the jury honored the following patent attorneys:
Christian W. Appelt, Dr. Thomas Bittner, Dr. Markus Engelhard and Prof. Dr. Heinz Goddar.

About JUVE Patent

Since 2018, the online magazine JUVE Patent has reported daily on the European patent market, from litigation and law firm news to in-depth reports, rankings and market analysis. The JUVE publishing house, based in Cologne, Germany, says it has been providing high-quality journalistic analysis on a variety of industries within the legal and tax fields for twenty years.

 

FOCUS again ranks BOEHMERT & BOEHMERT among the best commercial law firms in Germany in 2023

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Top marks for the law firm in the categories patent law and trademark law

In the September 2023 issue of the business magazine “FOCUS Spezial Recht & Rat”, BOEHMERT & BOEHMERT is again listed among the best commercial law firms in Germany.

The award relates to the legal fields of patent law and trademark law. For the area of patent law, the assessment is “disproportionately recommended by colleagues”, while in trademark law, disproportionately recommended by clients forms the basis for the ranking.

The annual list published by FOCUS Business names leading lawyers and commercial law firms from a total of 25 specialist areas. FOCUS develops the methodology for the survey of the list of top lawyers together with the research institute FactField. This year, around 2,650 lawyers from commercial law firms and companies took part. 450 commercial law firms were recommended.

Patent seminars in India 2024: Three dates in three major cities

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BOEHMERT & BOEHMERT Patent seminars in India

January 12-17, 2024 in Bangalore, Hyderabad and Mumbai

“BOEHMERT & BOEHMERT goes to India” is the plan of three BOEHMERT & BOEHMERT partners and attorneys for January 12-17, 2024. The road show will take Dr. Carl-Richard Haarmann, Dr. Markus Engelhard as well as Dr. Daniel Herrmann to three major Indian cities where they will welcome interested participants on the following topics.

Program

  • Defense against unjustified enforcement of IP rights in Germany – civil proceedings, customs seizure, police raids
    Dr. Carl-Richard Haarmann, Attorney at Law, Munich/Dusseldorf/Shanghai
  • Due diligence and risk mitigation in patent matters
    Dr. Markus Engelhard, Patent Attorney, Munich
  • Freedom to operate analysis in patent matters – legal implications and integration into a company’s process flow
    Dr. Daniel Herrmann, Patent Attorney, Frankfurt a. Main/Munich

Details on the venues and times can be found below.
The seminars are free of charge and are aimed at managing directors, senior IP lawyers and other corporate decision-makers.

Venues & times

  • Bagalore, January 12, 2024, 02:00 p.m. – 05:30 p.m.
    Hotel The Lalit Ashok, Kumara Krupa High Grounds Bangalore, Karnataka 560001
  • Hyderabad, January 15, 2024, 10:00 a.m. – 01:00 p.m.
    Courtyard by Marriott, 1-3-1024, Lower Tank Bund Rd, Bhagyalaxmi Nagar, Kavadiguda, Hyderabad, Telangana 500080
  • Mumbai, 17.01.2024, 02:00 p.m. – 05:30 p.m.
    Ramada Plaza, Juhu Beach, Juhu Tara Rd, next to Shivaji Maharaj Statue, Nazir Wadi, Theosophical Housing Colony, Juhu, Mumbai, Maharashtra 400049

On each of the above dates, we invite all participants to join us for lunch from 1:00 to 2:00 p.m.

Registration

Please use the following local contact for your registration. We look forward to seeing you!

Mr. Suhayl Abidi (IPR Associates)

iprassociates@gmail.com

“Phonetic similarity of trade marks sub­ordi­nated in case of purchase on sight” – Dr. Rudolf Böcken­holt on the decision of the EU Trade Mark Office in GRUR-Prax 20/2023

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In the current issue 20/2023 of “GRUR-Prax – Gewerblicher Rechtsschutz und Urheberrecht / Praxis Immaterialgüter- und Wettbewerbsrecht” (GRUR-Prax – Intellectual Property and Copyright Law / Practice Intellectual Property and Competition Law), BOEHMERT & BOEHMERT partner and attorney-at-law Dr. Rudolf Böckenholt explains a decision of the EUIPO of July 21, 2023 (R 2425/2022-5, GRUR-RS 2023, 18993 MENA) on the question of the effect of phonetic similarities of trade marks in the case of visual differences, if the products are predominantly purchased on sight.
The EUIPO takes the position that in such a case the visual impression of the marks is ultimately decisive.

“Buying on sight” means that customers do not ask for products in the supermarket, for example, but move through shelves in a search oriented on memory patterns, i.e. looking in particular for “familiar” labels, colours, design shapes and types of packaging. If it could be established that products would be bought on sight, the otherwise applicable rule that the public orientates itself on the simplest element, i.e. as a rule the word element, would no longer apply. The EUIPO is not alone in this view, but similar arguments before German courts have tended to be unsuccessful in the past.

The complete article by Dr. Rudolf Böckenholt can be found in German in the printed edition of GRUR-Prax 20/2023. Subscribers to Beck-Online can view it online here.

Great success of the copyright conference on collective rights management on this side and on the other side of the Atlantic

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“A start has been made for a constructive exchange,” said BOEHMERT & BOEHMERT partner and proven copyright expert Dr. Martin Schaefer, who is a member of both the board of ALAI Germany and the three-member board of the International Chapter of the Copyright Society and played a key role in designing the conference.
He also led through the event and moderated the first panel.

Dr. Martin Schaefer further commented on the results of the conference: “All participants not only learned a lot about the similarities and differences, for example how the topic is dealt with in the fields of music, text and visual arts, but the people involved were also able to get to know each other. This will allow them, not least by means of the contacts now established, to solve problems that have arisen in the various fields.”

The high-profile international conference, which took place in Berlin on October 15 and 16, was organized by Humboldt University Berlin in cooperation with the copyright association ALAI Germany and the U.S. Copyright Society.

The event was devoted to the centrally important issue for transatlantic copyright rights transactions of how cross-border licensing of large catalogs of copyrighted subject matter, especially online, is affected by the differences in rights management between Europe and the United States and how the difficulties created by these differences might be overcome. Following the great success of this Berlin conference, it is apparent that there will be follow-up events of a similar nature in the future.

Dr. Florian Schwab in WTR Daily on the EUIPO’s refusal to register the Porsche sound mark

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Porsche applied to register an electronic sound sequence simulating the rapid acceleration of an engine. EUIPO refused the application, finding that the sound mark was devoid of distinctive character.

In its article “EUIPO refuses to register Porsche’s sound mark” on the online portal of the trade journal World Trademark Review, WTR Daily, dated September 7, 2023, BOEHMERT & BOEHMERT partner and lawyer Dr. Florian Schwab discusses a decision of the European Union Intellectual Property Office (EUIPO) dated August 25, 2023 unfavorable towards Porsche.

In this decision, the EUIPO denied the registrability of a sound trademark of Porsche – in the form of the artificial reproduction of an accelerating engine – for lack of distinctiveness for the claimed goods of, inter alia, motor vehicles, model vehicles and various digital services and refused registration.

Interestingly, the German office registered the corresponding sound mark and the EUIPO also granted protectability to a quite comparable sound mark of another automobile group. The filing of an appeal by Porsche would come as little surprise.

The complete article by Dr. Schwab is available online in English for registered users of WTR Daily here!