Cease and Desist LetterA cease and desist letter is a document sent to an individual or a company to halt supposedly unlawful activity ("cease") and not take it up again later ("desist"). Usually, a cease and desist letter contains a warning that if the recipient by deadlines set in the letter does not cease and desist specified conduct, or take certain actions, that party may be sued. Cease and desist letters are used in the whole field of civil law, inter alia, in the area of intellectual property. |
Characteristic SymbolsCharacteristic symbols are all attributes, which describe or identify companies, trademarks, goods and services e.g. signs, words, letters, colors, sounds or tone sequences. |
Cinematographic WorkA cinematographic work is every image or image- and sound sequence which gives the impression of a moving play. It can be protected by copyright law if it is an own intellectual creation of the producer. If a film does not fulfill the requirements of copyright law, it is only called moving pictures. Cinematographic works are regulated by §§ 88 of the German Copyright Law. This rule is partially also applicable for moving pictures (§ 95 of the German Copyright Law). |
Claim for DestructionThe destruction claim is directed towards the destruction of goods and articles produced by the trademark infringer. Therefore, not only the commodity itself, but also the packaging and other trademark related material fall under the destruction claim. |
Claim for RemovalThe holder of a trademark or a commercial designation can request that the infringer remove (destroy) the products which infringe his intellectual property rights. The same applies for the material which is used to illegally advertise the products. |
Commercial DesignationCommercial designations are company symbols and titles of works. Company symbols are signs used in the course of trade as a name, company name or special designation of a business operation or an enterprise. Commercial designations are only an indication for the company, but, not for the goods and services. |
Commercial RegisterThe Commercial Register is a public register that contains details of legal entities in the district of the registrar. It contains information about the legal name of each company, the registered offices, the people who are representing the company and the subscribed capital. It has a publication, evidential, control and protection function. |
Community Trademark (CTM)A Community Trademark (CTM) offers protection in all member states of the European Union. The CTM system creates a unified trademark registration system in the EU, whereby one registration provides protection in all member states of the EU. The Office for Harmonization in the internal Market (OHIM), which is based in Alicante, Spain, is responsible for the application and registration procedures of the CTM and the related opposition, cancellation and appeal proceedings. |
Company NameThe company name is the name which is used by the trader for business transactions. It is protected as commercial designation via § 15 of the German Trademark Act. Proof can be furnished by an excerpt from the Commercial Register. |
Comparative AdvertisingComparative advertising occurs when a company uses a comparison of products and services of their own company and another company to advertise and promote. Generally, comparative advertisement is allowed. However, it is an act of unfair competition if it is misleading, unjustifiably discredits the competitor or his trademark or trade name or causes a likelihood of confusion between the advertiser and the competitor, or between the respective goods or services or trademarks or trade names. |
Competition LawCompetition law is the legal field which regulates state interventions to promote market competition. It consists of unfair competition law and cartel law. |
Copyright InfringementA copyright infringement is the use of a protected work without permission of the copyright holder. Prohibited use means to exploit the protected work, e.g. producing and distributing copies, or the inclusion of protected copyright works of others in works claimed as one's own. |
CopyrightThe German copyright gives the creator of an original work an exclusive right to the use and distribution of the work. The protection lasts from the origin of the work until 70 years after the death of the author. The purpose of the copyright system is to enable the creator to receive compensation for his intellectual effort. Copyright protects classic works like literature, science and art, but, also other types of works e.g. technical drawings, maps and address books. |
Corporate IdentityCorporate identity is a communication strategy and an important component of strategic corporate management and planning. This includes „Corporate Behaviour“, „Corporate Communication“ and „Corporate Design“. The aim of Corporate Design is to create an easy-to-remember image of a company as a whole by using formal styling constants (logos, colors, typefaces, styling patterns). |
CounterfeitingCounterfeiting is the practice of manufacturing, importing/exporting, distributing or selling goods under a trademark that is identical or almost identical to a registered trademark, without the approval of the registered trademark owner. Counterfeits are most commonly called “fake goods”. |
Counterfeiting/ Product PiracyCounterfeiting/ product piracy is the practice of manufacturing, importing/exporting, distributing or selling goods under a trademark that is identical or almost identical to a registered trademark, without the approval of the registered trademark owner. Counterfeits are most commonly called “fake goods”. |