KLAKA Rechtsanwälte > Munich, Germany > Firm Profile

KLAKA Rechtsanwälte
DELPSTRASSE 4
81679 MÜNCHEN
Germany

Intellectual property > Trade marks

KLAKA Rechtsanwälte is a renowned IP boutique known for its expertise in contentious trade mark and design law proceedings before courts, the DPMA and the EUIPO. Here, its expertise is called upon by a wide spectrum of sectors, ranging from automotive, pharmaceuticals and fashion to energy and luxury goods. The group also assists clients with the management and expansion of international trade mark portfolios. Trade mark, design and competition lawyer Ralf Hackbarth heads the practice and further enjoys an excellent reputation for his expertise in geographical indications of origin and domain law. Designations of origin as well as geographic indications of origin also represent a significant part of Carola Onken's skill set, which she frequently applies in registration and objection proceedings at German and European level. Andreas Schulz impresses with experience in food and drug-related issues, while Stefan Abel often acts for French clients.

Practice head(s):

Ralf Hackbarth

Other key lawyers:

Florian Schmidt-Sauerhöfer; Andreas Schulz; Susanne Schackert; Stefan Abel; Carola Onken; Oliver Rauscher

Testimonials

‘Very pleasant, flexible, uncomplicated and solution-oriented cooperation. The solutions proposed are well thought out and tailored to the client’s needs.’

‘Ralf Hackbarth: Excellent trade mark lawyer, very pleasant to deal with; offers targeted and well thought-out solutions. Maneuver through complex proceedings with a great overview.’

‘Florian Schmidt-Sauerhöfer: Very well versed in trade mark law; professional, competent and solution-oriented advice.’

Key clients

Adelholzener Alpenquellen GmbH

Bayerische Motoren Werke AG

Beiersdorf AG

Börlind Gesellschaft f. kosmetische Erzeugnisse mbH

Comité Interprofessionnel du Vin de Champagne

Continentale Versicherungsverbund

Deichmann SE

Deutscher Fußball Bund e.V.

Dürr Technik GmbH & Co. KG

Elatec GmbH

Finori GmbH

Heinrich Hugendubel GmbH & Co. KG

KfW

Lackmann Fleisch- und Feinkostfabrik GmbH

Longchamp S.A.S., Paris

Nestlé Deutschland AG

Nestlé Nutrition GmbH

MAGGI GmbH

NOMOS Glashütte/SA Roland Schwertner KG

NÜRNBERGER Versicherungen

Poulsen Roser AS

Reusch International SpA

Snipes SE

UBS AG

UniCredit Bank AG

YOUR NOW Holding GmbH

Work highlights

  • Trade mark and design law support for BMW AG in infringement proceedings as well as before the EUIPO and DPMA.
  • Representing Beiersdorf AG in trade mark proceedings, including enforcing trade marks such as ‘Nivea’, ‘Labello’ and ‘Eucerin’ before the DPMA.
  • Advising and representing Deichmann SE on trade mark and design registrations, trade mark and design proceedings, licensing law, trade mark transactions and infringement proceedings.

Intellectual property > Unfair competition Tier 1

KLAKA Rechtsanwälte's competition law practice acts in close cooperation with its trade mark team on one hand and, as a stand-alone unit, particularly assists the automotive, pharmaceutical, fashion and luxury goods sectors. Clients from the finance and energy sectors also call upon the group, whose expertise extends to contentious and strategic matters. Under the leadership of trade mark, design and competition lawyer Ralf Hackbarth, the practice is further known for providing extensive advice to The Centre for Protection against Unfair Competition (Wettbewerbszentrale). Other key contacts include Andreas Schulz, who is experienced in food and drug law, and Stefan Abel, who excels in counterfeiting protection under competition law.

Practice head(s):

Other key lawyers:

Stefan Eck; Stefan AbelCarola Onken; Ralf-Michael Burkhardt; Andreas Schulz; Wolfgang Straub

Testimonials

‘Boutique par excellence! Adequate team size for all requests in the area, but still not unforgiving.

Key clients

Adelholzener Alpenquellen GmbH

Bayerische Beamtenlebensversicherung a. G.

Lafuma Mobilier SAS

Longchamp S.A.S.

MAN Truck & Bus SE

Nestlé Deutschland AG und Nestlé Nutrition GmbH sowie MAGGI GmbH

RUD Ketten Rieger & Dietz GmbH & Co. KG

UniCredit Bank AG

Vignal Systems SA

WWK Lebensversicherung a. G.

Zahnärztlicher Bezirksverband Oberpfalz e. V.

Zentrale zur Bekämpfung unlauteren Wettbewerbs

Work highlights

  • Advising The Centre for Protection against Unfair Competition (Wettbewerbszentrale) in a lawsuit against Tesla over misleading advertising for Tesla’s Autopilot. The proceedings were pending at the Federal Court of Justice until July 2022 (the central court’s appeal against non-admission was rejected by the Federal Court of Justice) and has now been completed (except for the determination of costs).
  • Advising and representing Longchamp SAS regarding imitations of the Le Pliage handbag.
  • Permanent representation of UniCredit Bank AG in competition law proceedings.

Intellectual property > Patent litigation: solicitors Tier 3

With offices in Munich and Düsseldorf, KLAKA Rechtsanwälte represents companies in infringement and nullity proceedings before German and European courts and authorities. Its client base, spanning the plant engineering, mechanical engineering and telecommunications sectors, can further count on expertise in employee invention law and licensing agreements, including development and research contracts. Olaf Giebe is one of the practice's main contacts and is primarily active in infringement proceedings for the chemical, pharmaceutical and automotive industries.

Other key lawyers:

Olaf Giebe; Wolfgang Götz; Stefan Eck; Constantin Kurtz

Testimonials

‘Very committed IP boutique with absolute experts who can look back on many years of experience. Each case receives its own strategic attention and is handled and pursued carefully and with great commitment.’

‘Wolfgang Götz and Constantin Kurtz are absolute workhorses who drive highly intelligent solutions with an outstanding level of ambition. Despite their many years of experience and expertise, they have literally remained “down to earth”. It’s fun and enjoyable to work with them. They handle all patent litigation proceedings with outstanding quality.’

‘KLAKA is one of the top law firms for legal disputes in patent, trade mark and design matters. The team is convincing in every respect, both in enforcing intellectual property rights and in defending against unjustified claims. A particular strength of the firm is that its clients include individuals, small and medium-sized companies as well as large corporations, which means that KLAKA handles the entire range of patent disputes as part of its daily practice.’

‘In recent years, KLAKA has developed particularly outstanding expertise in patent litigation in the mobile communications sector. KLAKA is regularly present before all important German courts for patent litigation and is therefore well prepared for upcoming UPC disputes.’

‘Constantin Kurtz and Wolfang Götz are the lawyers with whom we support a large number of important clients. Both lawyers specialise in patent litigation and have been involved in a number of leading decisions. They have a special understanding of recognizing essential aspects of complex patent litigation proceedings, developing the best possible strategy for further action and correctly positioning decisive arguments both in pleadings and in oral proceedings. They benefit from precise knowledge of how various judges think and work.’

‘Very thorough and well-founded advice. Always with good ideas and strategic courage.’

‘Stefan Eck: Thorough, very analytical, combative. Constantin Kurtz: Outstanding dogmatic exploration, thorough, combative.’

‘High technical and legal expertise across all partners, clear communication.’

KLAKA is a highly specialised law firm based in Munich. With its 15 lawyers, the law firm concentrates almost exclusively on intellectual property. In this field of expertise, the firm is highly regarded nationally and internationally for its dedicated, experienced work in court and out of court. Through contributions made in expert committees, lectures and publications, the firm’s lawyers are actively involved in shaping the future of the profession. The firm was founded in the late 1970s by Rainer Klaka, who brought in a large client base and the experience of many years in the field. Since then, the firm’s standing has con- tinually been strengthened while maintaining the structure of an independent and autonomous law firm. Many of the cases taken on by the law firm, especially in the fields of patents and trademarks, have an international background such as cross-border litigation, or concern questions of foreign and international law arising in counselling or litigation. The firm is therefore accustomed to co-ordinating and/or conducting cases of international significance.

Intellectual Property (Trademarks) & Unfair Competition:

The firm’s strong trademark litigation practice is headed by partners Dr Andreas Schulz and Dr Ralf Hackbarth in Munich. The firm is involved in trademark and trade name infringement cases before the competent German courts, as well as counselling and the conducting of international litigation, in particular with strategies for pan- European litigation proceedings. The enforcement of design protection, by design law and unfair competition law, is also an increasingly important task for the firm’s design experts in the international IP litigation practice. The trademark prosecution department is headed by Oliver Rauscher. KLAKA prosecutes and maintains worldwide trademark portfolios for a number of clients and is active in the conducting of infringement suits and offering legal advice in the fields of copyright law, design patents, unfair competition law, press and media law, IT and internet law, and food and drug law. A number of the firm’s lawyers also have experience in the field of antitrust law.

Patent Litigation & Advice, Utility Models:

Patent law at KLAKA is represented by the partners Olaf Giebe, Dr Wolfgang Götz, Dr Stefan Eck and Dr Constantin Kurtz in Munich. In defending clients against actions based on SEPs of counsel Dr Wolfgang Straub is joining the team contributing his experience in antitrust law when raising the FRAND defense. The excellence of the KLAKA law firm in this field is based on a profound understand- ing of technologically and economically interrelated themes as well as on comprehensive experience in enforcing claims before the specialised German patent courts. This includes infringement suits before the competent German courts, especially in Dusseldorf, Munich, and Mannheim, and, in co-operation with external patent attorney firms, opposition and nullity (revocation) proceedings before the German and European Patent Offices, the Federal Patent Court and the Federal Supreme Court; the firm also provides legal advice in these fields, as well as co-operating or co-ordinating multinational cases.

Clients:

The KLAKA law firm continues to strengthen its leading position in patent and trademark law in Germany. Alongside providing legal advice to German companies, another main area of activity is the representation of international groups, predominantly from Europe, the United States and Japan.

Department Name Email Telephone
Intellectual Property (Trademarks) & Unfair Competition Dr Ralf Hackbarth rhackbarth@klaka.com +49 89 9989 190
Patent Litigation & Advice, Utility Models Olaf Giebe ogiebe@klaka.com +49 89 9989 190
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