Comments on: How much is trademark litigation in Germany http://german-trademark-blog.com/2009/08/04/how-much-is-trademark-litigation-in-germany/ The Quick and Easy Guide to German and EU Intellectual Property Law, Trademarks and Copyright Thu, 01 Dec 2011 09:15:53 +0000 hourly 1 By: catherin http://german-trademark-blog.com/2009/08/04/how-much-is-trademark-litigation-in-germany/comment-page-1/#comment-3273 catherin Sat, 11 Dec 2010 04:40:25 +0000 http://german-trademark-blog.com/?p=235#comment-3273 I think you have a thorough understanding in this matter. You describe in detail all here. I think you have a thorough understanding in this matter. You describe in detail all here.

]]> By: Gordon http://german-trademark-blog.com/2009/08/04/how-much-is-trademark-litigation-in-germany/comment-page-1/#comment-3109 Gordon Sat, 27 Nov 2010 07:40:57 +0000 http://german-trademark-blog.com/?p=235#comment-3109 Hi Thanks for a very informative article. I do not have a legal background but personally made a CTM application (as an individual). With two oppositions lodged, and both seeking to have "the applicant bear the cost", is this considered litigation? At this stage I'm growing concerned that I could be faced with a huge cost (i.e. more than €10k). Hi

Thanks for a very informative article. I do not have a legal background but personally made a CTM application (as an individual). With two oppositions lodged, and both seeking to have “the applicant bear the cost”, is this considered litigation? At this stage I’m growing concerned that I could be faced with a huge cost (i.e. more than €10k).

]]> By: abhishek http://german-trademark-blog.com/2009/08/04/how-much-is-trademark-litigation-in-germany/comment-page-1/#comment-3048 abhishek Wed, 17 Nov 2010 06:49:31 +0000 http://german-trademark-blog.com/?p=235#comment-3048 Thanks for giving information on germany trademark. See Indian trademark <a>trademarkagentinindia.com</a> Thanks for giving information on germany trademark. See Indian trademark trademarkagentinindia.com

]]> By: admin http://german-trademark-blog.com/2009/08/04/how-much-is-trademark-litigation-in-germany/comment-page-1/#comment-2546 admin Thu, 09 Sep 2010 22:31:33 +0000 http://german-trademark-blog.com/?p=235#comment-2546 Hello Andrey, Sounds good, doesn't it ;-). Some German lawyers certainly do make a healthy living. But like in all industires, there is quite a variation in terms of income. So, it is for the litigation part only. And, according to the law, these fees are value based (e.g. the value of the claim). Difficulty is considered as well but to a far lesser extent. Insofar one can be lucky, litigating an easy standard case, but high value. Bad luck if it is complicated and time consuming, (and maybe even low value). The funny thing is that German lawyers have been trying to get rid of this value based billing system (which once upon a time was all binding also for non litigation, and hourly billing was not allowed at all) over the last two decades or so. Many still use the legal fee table as a guideline. Others think it is a ridiculous system, totally neglecting time spent. However, it seems, for many clients a value based fee is a comfortable thing, since it is some sort of flat fee, which can be more or less determined upfront. Interestingly, there seems to be a discussion going on in the US and UK, questioning the future of hourly billing (unfortunately don't remember the blogs) and pointing towards value based billing as one solution. Once again, Germany seems to be a bit behind..... busy catching up with the past trend in the US..... Hello Andrey,
Sounds good, doesn’t it ;-) . Some German lawyers certainly do make a healthy living. But like in all industires, there is quite a variation in terms of income. So, it is for the litigation part only. And, according to the law, these fees are value based (e.g. the value of the claim). Difficulty is considered as well but to a far lesser extent. Insofar one can be lucky, litigating an easy standard case, but high value. Bad luck if it is complicated and time consuming, (and maybe even low value).

The funny thing is that German lawyers have been trying to get rid of this value based billing system (which once upon a time was all binding also for non litigation, and hourly billing was not allowed at all) over the last two decades or so. Many still use the legal fee table as a guideline. Others think it is a ridiculous system, totally neglecting time spent. However, it seems, for many clients a value based fee is a comfortable thing, since it is some sort of flat fee, which can be more or less determined upfront.

Interestingly, there seems to be a discussion going on in the US and UK, questioning the future of hourly billing (unfortunately don’t remember the blogs) and pointing towards value based billing as one solution. Once again, Germany seems to be a bit behind….. busy catching up with the past trend in the US…..

]]> By: Andrey http://german-trademark-blog.com/2009/08/04/how-much-is-trademark-litigation-in-germany/comment-page-1/#comment-2519 Andrey Fri, 03 Sep 2010 20:32:01 +0000 http://german-trademark-blog.com/?p=235#comment-2519 I like the part that "it is against the law for a German lawyer charge less than the legal fee for litigation". Seems German lawyers could make a healthy living. Andrey, http://www.pinskylaw.ca I like the part that “it is against the law for a German lawyer charge less than the legal fee for litigation”. Seems German lawyers could make a healthy living.

Andrey, http://www.pinskylaw.ca

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