Schalast | IP Strategies & Protection

The selection and protection of a distinctive trade mark are crucial for the distribution of medicinal products and medical devices. Trade mark law plays a significant role, particularly in cases of parallel imports within the pharmaceutical market. As a fundamentally exclusive right, a trade mark should only be restricted where absolutely necessary for the internal market and the free movement of goods. 

We support our clients with all strategic considerations regarding whether, how, and where to register a trade mark. This includes conducting clearance searches, taking into account case law on the assessment of trade mark similarity, especially in the pharmaceutical sector. We develop individualised registration strategies for our clients and then register the trade marks at national and European levels. Additionally, with the assistance of our reliable network of specialised partner law firms, we handle registrations at the international level. 

Our expertise also encompasses the drafting of delimitation, coexistence, and licensing agreements. 

In cases of infringement, we defend our clients’ trade marks nationwide, both in court and in official proceedings before the German Patent and Trade Mark Office and the European Union Intellectual Property Office (EUIPO), particularly in opposition and cancellation proceedings. 

Find out more about our IP, IT & Media practice group.