Employees of the patent firm

Current news

April 2018

Interview with Rainer K. Kuhnen in the "Lawyer Monthly" Magazine

Lawyer Monthly Magazine, April 2018

March 2018

Latest news with regard to the effect of the Brexit on EU trademarks and Community designs

The UK and the European Union (EU) have agreed that there will be a transition period from March 29, 2019, to December 31, 2020, during which the UK will remain part of the EU (with some exceptions most of the EU law will be applicable to and in the UK during the transition period). It was further agreed that owners of EU trademarks and Community designs will have their rights protected in the UK after the transition period. That means that there is no need to double file trademarks and designs at the EUIPO and the UK Intellectual Property Office until the end of the transition period. Moreover, until the end of the transition period (December 30, 2020) trademark and design protection with effect to the UK can still be obtained by filing an EU trademark or Community design.

The announcement comes as part of the release of the EU and UK government's draft agreement on the latter's withdrawal from the EU, published on March 19, 2018. The draft agreement includes provisions on protection and enforcement of Intellectual Property (IP) rights after the end of the transition period. While the agreement is still a draft, some of the provisions on protection and enforcement of Intellectual Property (IP) rights are finalized on a negotiator's level (i.e. it can be assumed that these provisions will not be subject to a substantive revision anymore).

According to such a provision finalized on a negotiator's level, the owners of the EU trademarks and Community designs shall, without any re-examination, become the holder of a comparable registered and enforceable trademark or design in the UK.

Specifics of creating equivalent UK trademarks and designs from existing EU trademarks and Community designs is still up for negotiation. It will be interesting to see whether such creation of equivalent UK trademarks and designs will be possible without charge or administrative burden to rights owners or not (as is actually proposed by the EU in the draft agreement). There are other points of detail which need to be agreed, particularly the ability for UK chartered trademark attorneys to continue to represent clients and businesses before the EUIPO, for example.

However, at least uncertainty about the need to double file trademarks and designs at the EUIPO and the UK Intellectual Property Office is ended by the latest agreement between the UK and the EU.

January 2018

World Trademark Review (WTR) 1000 reported

KUHNEN & WACKER has spent four decades refining its customer service into the premium offering it now is; its lawyers immerse themselves wholly in their clients' markets – so that nothing lies outside their field of vision – and then provide swift, reliable, business-focused counsel. Whatever the issue, prosecution, licensing or enforcement, Christian Thomas has the skill set and requisite experience to sort it out. He is as artful filing applications before the German Patent and Trademark Office as he is pleading in court.

(WTR 1000, the world's only independent multimedia publication dedicated exclusively to reporting on trademark issues for in-house and private pracitioners internationally)

January 2018

Congratulations!

We congratulate our colleague Dr. Ulrich C. Wagner on successfully passing the Master of Laws (LL.M.) exam on December 8, 2017. In addition, since November 22, 2017, Dr. Wagner has been elected as a member of the Patent and Utility Model Law Committee of the Chamber of German Patent Attorneys (Patentanwaltskammer). We are pleased to work with such a committed and well-qualified colleague.

November 2017

Roundtable Discussion with Dr. Christian Thomas

Licensing best practice
Issue 69, World Trademark Review

October 2017

Publication by Rainer K. Kuhnen

Proposed Structure of the Unified Patent Court
Patents in Europe 2018/2019, IAM

July 2017

International patent prosecution and practice seminar

In cooperation with WIPO at John Marshall Law School, 
September 14 to 15, 2017, Chicago. 
More details in our PDF!

July 2017

Congratulations!

We congratulate our patent attorney Christoph Straßl on successfully passing the EQE and thereby being admitted as representative before the European Patent Office.
We are delighted by the news, wish him the very best and continued happiness and success in his profession. We are proud to have him in our team.

June 2017

International patent prosecution and practice seminar in Chicago

On September 14 to 15, 2017 we will present our Seminar in cooperation with WIPO at John Marshall Law School. More details will follow soon.

June 2017

German Constitutional Court reviews the implementing legislation for the unitary patent package

As recently made public by news media, the German Constitutional Court asked the German Federal President already on April 3, 2017, at first orally, then in writing, not to sign (off on) the implementing legislation for the Unitary Patent Package, due to a constitutional complaint by a private person.

The reason for this is that the German Constitutional Court needs more time to consider the constitutional complaint which suggests that it is not without any merit from the outset, as is the case with the majority of constitutional complaints by private persons. Due to this request of the German Constitutional Court, the German implementing legislation for the Unified Patent Court (UPC) and Unitary Patent (UP), which should have been put into force this year, will be on hold.

This unexpected delay of the German ratification process as well as the unexpected outcome of the UK snap elections of June 8, 2017 render the further developments concerning the UP & UPC project questionable.

In fact, this move of the German Constitutional Court opens up a new scenario which, at best, further delays the operational start of the UPC system but also heats up speculations that the UP & UPC project may eventually fail, due to constitutional issues of Germany.

We will keep you updated on any further developments.