A (8) | B (2) | C (16) | D (13) | E (6) | F (5) | G (7) | I (5) | L (7) | M (4) | N (1) | O (2) | P (8) | R (5) | S (4) | T (15) | U (5) | V (1) | W (5)

Damages

Damages are a monetary compensation which is awarded by the court to an individual or company as compensation for loss or injury suffered through the wrongful conduct of another party.

Data Protection

The term data protection involves norms which protect the personal data of individuals against unauthorized use. This includes the informal self-determination and the secrecy of telecommunication. The main purpose is to find a balance between the protection of data of individuals and the legitimate interests of the general public, as well as the state and private data processing providers.

Deception

Deception means distorting the truth to confuse others.

Delimitation Agreement

A trademark delimitation agreement is a contract which is used to come to an out-of-court solution to settle a dispute about, for example trademarks, trade designations or other designations. The aim is to prevent the cancellation of one of the signs or court proceedings and thereby find an agreement how the rights can coexist. 

Descriptive Indication

A sign which only contains descriptive information cannot be registered as a trademark. This, in general, applies to every term with a dictionary meaning which is used in connection with products or services directly related to that meaning.

Design

A design is the two-dimensional (such as wallpapers, logos or icons) or three-dimensional (such as furniture, bikes or toys) appearance of the whole or a part of a product. A design may include features like lines, contours, colors, shapes and textures. 

Design Law

Design law offers the possibility to protect the two-dimensional or three-dimensional appearance of the whole or a part of a product. 

Design Search

A search prior to filing a design application is very important because the German Patent and Trademark Office (GPTO) and the Office of Harmonization in the Internal Market (OHIM) do not examine whether similar or identical designs are already registered. Possible infringements of earlier rights can only be determined later by the civil courts when there is a dispute. But, also after registration, regular searches are advisable to efficiently defend a design.

Desist Declaration / Undertaking Commitment

Through a desist declaration/ undertaking commitment the debtor gives a binding commitment to stop a certain behavior. This request is often coupled with a threat of taking court action in the event that the desist declaration requested is not given or is not given in due time.

Desist Declaration with a Penalty Clause

Through a desist declaration with a penalty clause the debtor makes a binding commitment to desist a certain behavior. The debtor signs the desist declaration and accepts the penalty clause on the condition that in return the creditor will not file a law suit. If the debtor repeats his behavior he has to pay the penalty and the creditor can file a law suit. 

Dilution

Trademark dilution is the weaking of a (famous) mark´s ability to identify and distinguish goods or services, regardless of competition in the marketplace or the likelihood of confusion. 

Distinctiveness

Distinctiveness means the qualification of a trademark to distinguish goods and services of one trader from those of another.

Domain Law

Domain law as such does not exist. There are many different legal provisions from different legal codes governing the use and registration of domain names.  The most important rules can be found in the trademark and the civil law code.