Freedom to Operate
Risk reduction for new products and brands
When launching new products, designs or brands, companies face serious legal risks. Without a thorough Freedom to Operate (FTO) analysis, patent infringements, trademark infringements or design right conflicts can quickly arise. The consequences range from warningletters and claims for damages to court injunctions. Investments already made in development, production and marketing can thus lose considerable value.
If a trademark infringement is detected late, a complete rebranding may be necessary – with highfinancial and organizational costs. In the case of patent infringements, the development of technicalworkaround solutions may become necessary. These are often time-consuming and costly – with theresult that the market launch of the product is considerably delayed and competitive advantages are lost.
A professional FTO analysis checks whether existing patents, trademarks or registered designs could be infringed by the planned use. The aim is to create clarity about possible intellectual property conflicts before the market launch.
For this purpose, we conduct comprehensive intellectual property searches in national and international databases. We identify relevant property rights, analyze their validity and advise you on legally secure courses of action – from technical modifications and license negotiations to the optimal protection of your product strategy. With a well-founded Freedom to Operate analysis, you secure your investments, avoid legal disputes and create the basis for a successful, legally secured market launch.
Avoid unnecessary risks – we advise you competently and purposefully.
Understanding brands and patents correctly:
Assessing the scope of protection in a legally sound manner
Whether in product development, brand creation or market launch – the legally sound assessment of existing patents, trademarks or designs is a central component of every Freedom to Operate analysis (FTO). A common misconception: It does not depend on which products or services the owner currently sells. Only the registered scope of protection is decisive.
In the case of trademarks, this means that it is not only a matter of identical signs, but of the legally complex question of whether there is a risk of confusion with existing trademarks – for example, due to phonetic, visual or conceptual similarity.
The similarity of the goods or services concerned is also taken into account in the assessment. The decisive factor here is the goods and services entered in the register.
In the case of patents, the wording of the patent claims is decisive. The relevant legal understanding of the claims often differs from the technical understanding of the legal layman. The correct interpretation therefore requires both technical expertise and legal expertise.
An unclear assessment can have serious consequences: from expensive workaround solutions to market launch delays and legal disputes.
We have in-depth experience in assessing the scope of protection of trademarks and patents. We analyze relevant property rights systematically and support you in identifying legal risks at an early stage – reliably, comprehensibly and tailored to your individual situation.
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