The firm

Patents / Trademarks / Designs

MAYR KOTSCH is a law firm specialized in all areas of intellectual property. It is a spin-off of a Munich-based intellectual property firm that was founded in 1926. MAYR KOTSCH is a limited partnership (Partnerschaft mbB). Our combined experience runs to several decades and comprises of all aspects of intellectual property and its neighbouring areas. We file intellectual property rights on a worldwide basis (patents, trademarks, designs, etc.), enforce our clients’ rights in complex litigation proceedings in all judicial instances up to the Federal Supreme Court (BGH) / European Court of Justice (ECJ), as well as being experienced in settlement agreements and drafting license agreements.

Expertise / Services
Patent and Utility Model Law

Patents and utility models protect your technical innovations that are novel, inventive and commercially applicable.

Already prior to the filing of an intellectual property right we support you by conducting prior art searches, elaborating patent and utility model applications, and, together with you, we carry through the granting or registration procedure. During our decades of experience, we have sourced a worldwide network of experienced and reliable communicating lawyers, for support in gaining protection abroad.

We defend your granted patent or registered utility model against attacks by third parties in opposition proceedings, nullity suits or cancellation proceedings before the German Patent and Trademark Office, the Federal Patent Court, the Federal Supreme Court, the European Union Intellectual Patent Office and, in the future, before the European Patents Courts with unitary effect.

For you, together with a team of experienced attorneys at law, we pursue the enforcement of your intellectual property rights before the competent courts through all instances. Furthermore, we support you in searching for amicable out-of-court settlements and/or in working out license agreements.

We also elaborate so-called Freedom-To-Operate analyses in order to minimize your risk of encroaching upon a property right of a third party.

Trademark Law

Trademarks and trade names provide distinctiveness to your products and services. They further enhance the value of your company. Achieving and defending this unique characteristic is of fundamental economic importance.

We check for you the availability of desired signs and apply for the registration of your sign depending on your requirements either as a German trademark, an EU-trademark, an internationally registered trademark and/or as a national trademark in your international markets.

If desired, we supervise your trademark portfolio and monitor the occurrence of third party applications that may conflict with your sign(s). In this supervision we enjoy, if needed, the support of our worldwide network of experienced and reliable communicating lawyers, which we have established over decades. This enables us to obtain, defend and enforce your rights worldwide.

Furthermore, we assist you in achieving out-of-court settlements in the case of trademark suits and before the courts up to the ECJ (European Court of Justice) as well as in WIPO dispute proceedings regarding domain names. Last but not least, also here, we support you with our decades-long experience in trademark license agreements.

Copyright Law

Literary, scientific and artistic works and intellectual creations in non-technical fields can be protected by copyrights without being registered.

We support you in enforcing and asserting your copyright, if necessary with the support of our worldwide network of experienced communicating lawyers, which we have established over decades. We also elaborate license agreements and user agreements for you.

Unfair Competition Act ("UWG")

The "UWG" protects market participants against unfair business practices of their competitors.

Among these are, for example, an avoidable deception of origin (slavish imitation) of a product, misleading and/or comparative advertising, etc.

We draft cease-and-desist letters and represent you in competition claims before all competent courts.

Employee Invention Law

The predominant part of inventions is made by inventors who work under an employment contract. In Germany, the detailed employee invention law makes it possible for the employer to claim a job-related invention and to reasonably remunerate the employee-inventor.

We assist you in calculating a reasonable inventor's compensation, in elaborating remuneration agreements and in disputes before the arbitration boards of the GPTO and of the courts.

Partner & Team
Current References

Decisions taken under the participation of Petra Kotsch and Dr. Claus-Michael Mayr,
some of them having turned out to be indicatory:

 

European Court of First Instance: Simca 08. 05. 2014 EuG. T – 327/12 GRUR Int. 2014, 1047

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European Court of Justice: Thomson Life 06. 10. 2005 EuGH C- 120/04 GRUR 2005, 1042

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Federal Supreme Court: "Crimpwerkzeug" (reinstatement) 30. 08. 2010 B X ZR 193/03 Mitt. 2011, 232

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Contact

We look forward to your enquiries!

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Address
MAYR KOTSCH
Luise-Ullrich Strasse 14
Nove Haus Design Offices
80636 München
Deutschland

Phone
+49 89 / 262 071-210

Fax
+49 89 / 262 071-211

Mail