What advice would you give your clients about brand protection in your jurisdiction? Is it easy to trademark a cannabis brand?

I’ve been handling cannabis trademarks since 2017, when medicinal cannabis was legalised in Germany. In the beginning those marks were only accepted for Nice Class 5, meaning only cannabis for medicinal use was permitted. But that has changed. Both the European and the German IP office now accept cannabis marks for all sorts of cannabis […]

Margret Knitter LL.M.Partner, SKW Schwarz Rechtsanwälte

Blockchain and Crypto Assets – Tax and Law

Steffen has established a special unit within his firm to provide international advice on blockchain and crypto assets. From Germany, Steffen advises his clients in all stages and all areas related to crypto investments and transactions, for example when entering the market for the first time, optimizing professionally set up DeFi investments all the way […]

No Bavarian Weed in EUIPO’s Joint

In a recent decision (judgment of 12.5.2021, ref. T-178/20), the General Court upheld the European Union Intellectual Property Office’s (EUIPO) rejection of the EU trademark application “Bavaria Weed” for being contrary to public policy (in contrast, the DPMA registered the mark). The trademark applicant, a producer of medical cannabis, had argued in the proceedings that […]

Margret Knitter LL.M.Partner, SKW Schwarz Rechtsanwälte

audalis Berlin: Into the New Corona-Year with an interesting cross-border transaction

Everything was different in 2020. Even the Christmas season. And the turn of the year. Also for the Berlin team of lawyers led by audalis partner and lawyer Patrick Geißler LL.M. While most of us spent particularly quiet holidays due to the Corona restrictions, the Berlin team of lawyers in the transaction department instead countered […]

Christian BrüttingAuditor / Tax Consultant, audalis

Bundeskartellamt issues fines in response to illegal price fixing

The Bundeskartellamt – Germany’s Federal Cartel Office – has imposed fines totaling around 6 million euros on two foundries for entering into anticompetitive agreements regarding prices and discounts. The foundries in question manufacture manhole covers and other casting products for street sewers. In addition to colluding on prices and discounts, they also agreed to divide […]

Michael RainerManaging Partner, MTR Rechtsanwälte

BGH changes tune on trademark forfeiture

In a judgment from January 14, 2021, the Bundesgerichtshof (BGH) – Germany’s Federal Supreme Court – overruled its own legal precedent on the forfeiture of trademarks (Az.: I ZR 40/20) in finding that failure to make use of a trademark means forfeiting trademark protection. According to Section 49 of the German Trademark Act (Markengesetz, MarkenG), […]

Michael RainerManaging Partner, MTR Rechtsanwälte

Update: Reforms in German Tax Legislation – Overview of Pending Legislative Procedures and Legislative Initiatives

As we have already reported, the German government seems intent on completing as many tax law reforms as possible as quickly as possible before the general election in September 2021. Since May 19, 2021, the recommendations of the Bundestag Finance Committee for the KöMoG and the ATAD-UmsG have been available. On May 21, 2021, both […]

IP Alert – No more trademark ‘monopolies’ through re-filing?

The General Court has ruled that, in specific circumstances, repeat filings of an earlier trade mark may constitute bad faith First movesHasbro, who at the time already owned three MONOPOLY EUTMs, filed in April 2010 another MONOPOLY EUTMA for goods and services in classes 9, 16, 28 and 41. This trademark covered partially new goods […]

Margret Knitter LL.M.Partner, SKW Schwarz Rechtsanwälte

To qualify for tax exemption, it is necessary to move into the inherited family home without delay

Waiting too long to move into the inherited family home may render it impossible to claim tax exemption. That was the verdict of the Finanzgericht (FG) Düsseldorf – the Fiscal Court of Düsseldorf – in a ruling from March 10, 2021 (Az. 4 K 2245/19 Erb). According to Section 13(1) No. 4 c) of the […]

Michael RainerManaging Partner, MTR Rechtsanwälte

audalis joins IR as the exclusive Wealth Management Member in Germany

IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Christian Brütting of audalis. Christian has joined IR as our exclusive Wealth Management Member in Germany. Christian Brütting is a partner at audalis, Kohler, Punge & Partner – an independent, full-service firm specialized in business, legal, taxation and auditing consultancy services. […]

Christian BrüttingAuditor / Tax Consultant, audalis