Klaus Hilbinger
Legal Research

Empirical Legal Research
When it comes to intelectual property rights, especially concerning trademark and competition  law, the understanding of the relevant public, the so-called public opinion, is often taken into account when assessing the situation. I will determine the public opinion for you, with demoscopic surveys. The results will be incorporated into expert reports - your evidence.
Trademark law

Do you want to register your trademark nationally (DPMA) or in the EU (EUIPO) or fend off deletion attempts? I will conduct a survey of market participants to determine the degrees of awareness, distinctiveness and assignability as evidence of a possible secondary meaning  - in other words, to prove that trademarks that are excluded from registration according to § 8 Paragraph 2 MarkenG are nonetheless eligible for registration.

It happens that certain signs lead to confusion in terms of sound, image or meaning. According to §§ 14 Abs. 2 and 15 MarkenG, companies can assert injunctive relief and claims for damages if there is a risk of confusion. I will determine for you to what extent this risk of confusion actually exists within the relevant public. So that you can enforce your claims or defend against third-party claims.
Competition law

Do you want to secure your own advertising or individual claims or put your competitors' advertising to the test? Because according to § 5 UWG in conjunction with § 3 UWG, advertising can be misleading. For a judicial ban, the risk of misleading a not inconsiderable number of the relevant public is sufficient.

Competitors imitate or take advantage of third-party advertising, manufacturers cover up the commercial origin of goods - these are all cases that, according to § 3 UWG, are considered to be unfair actions. I offer you demoscopic support if you want to take legal action. I will check for you whether there is a direct or indirect risk of confusion within the relevant public.