EXPERTISE

Intellectual Property & IT Law

Trademarks, designs, software and data drive the value of many businesses. We protect, commercialise and enforce these assets – through registrations, IT and licensing agreements, data protection and the new digital regulation.

Our IP & IT Law Services

TRADEMARKS, DESIGN & COMPETITION

  • Trademark registration at the DPMA and EUIPO through our network
  • Design and copyright law
  • Unfair competition law and cease-and-desist letters (UWG)
  • Opposition, cancellation and trademark monitoring

IP STRATEGY & ENFORCEMENT

  • Building and managing international IP portfolios
  • Enforcement and defence of infringements in court
  • Licensing, research and development agreements
  • IP in M&A, carve-outs and technology transfers

IT & SOFTWARE CONTRACTS

  • Software, SaaS and cloud contracts
  • IT project and system contracts, including agile projects
  • Open-source and licensing questions
  • Hosting, maintenance and service level agreements

DATA PROTECTION & DIGITAL REGULATION

  • Data protection under the GDPR and BDSG
  • AI Act: classification and obligations
  • Data Act, data access as well as NIS2 and cybersecurity
  • International data transfers and processing agreements

Who we advise in IP & IT

We advise technology-driven businesses and their legal departments on protecting, commercialising and enforcing intangible assets in Germany and internationally.

Portrait: Stela Ivanova in front of a passing train with Maxfeld lettering

Our clients include in particular

  • Mid-sized companies and international groups
  • Technology, software and industrial companies
  • Start-ups and their investors
  • Brand and rights holders in protection and enforcement
  • Buyers and sellers in IP-heavy transactions

Typical Situations in IP and IT Law

Trademark, IT contract and data protection matters often create immediate pressure, whether because of a deadline, a cease-and-desist letter or an ongoing project. We most often assist in the following situations.

You want to protect a trademark

A new name, logo or product line is ready for launch. A careful clearance search and timely filing with the DPMA or EUIPO protect the position before market entry.

You have received a cease-and-desist letter

A cease-and-desist letter alleging trademark, unfair competition or copyright infringement usually sets short deadlines. We review the legal basis, scope of the undertaking and cost exposure before you respond.

A software or IT contract is due

You are licensing software, subscribing to SaaS or commissioning an IT project. A precise specification and clear rules on usage rights, liability and service levels reduce the risk of later disputes.

You are introducing AI in your company

You use or develop AI systems. Depending on the risk class, the AI Act requires labelling, AI literacy and documentation, with fines of up to seven per cent of annual turnover.

Your data processing has to comply with the GDPR

New processes, tools or international data flows raise data protection issues. We review contracts, processing arrangements and transfers under the GDPR and German data protection law and develop a workable implementation.

Your IP right is being infringed

A competitor is using your trademark, design or content. We enforce your rights, from the cease-and-desist letter through the preliminary injunction to court action.

IP is central to a transaction

In a purchase, sale or carve-out, the value sits in the IP rights. We review the portfolio in due diligence and ensure a legally effective transfer of the rights, including a complete chain of title.

You fall within the scope of NIS2

Cybersecurity is becoming mandatory. NIS2 requires risk management, reporting channels and evidence from an ever wider range of companies and their suppliers. We clarify whether you are in scope and how to comply.

Cross-Border IP: Outbound and Inbound

Whether protecting rights abroad or enforcing them in Germany, one dedicated contact coordinates the advice in both directions.

German Companies Abroad

You protect and exploit your rights beyond the German border.

  • We coordinate trademark, design and patent filings across several jurisdictions.
  • International licensing agreements are adapted to local law.
  • IP rights are enforced abroad through local counsel.
  • We advise on international data transfers and data protection standards.

From Idea to Protected Right

The value of an IP right does not arise from registration alone. We advise throughout its lifecycle – from searches and registration to commercialisation and enforcement.

Search and Strategy

Assessment of protectability and a clearance search, definition of the protection strategy and of the relevant countries and classes.

Filing and Registration

Filing of trademarks, designs or other rights at the DPMA, EUIPO or internationally via WIPO, supported through to registration.

Contracts and Exploitation

Drafting of licensing, IT and cooperation agreements that allow the rights to be used commercially.

Monitoring and Enforcement

Trademark monitoring, cease-and-desist letters and proceedings against infringers, from the preliminary injunction to court action.

Compliance and Digital Regulation

Ongoing alignment with data protection, the AI Act and NIS2, and safeguarding of international data flows.

Do you want to protect a right or defend against an infringement?

Briefly outline the project or dispute. We review your position in confidence and set out the next steps.

  • Karina Malancea
    Karina Malancea
    Employment Law Specialist
  • Stela Ivanova
    Stela Ivanova LL.M.
    Advokat, Member of the Nuremberg Bar

Frequently Asked Questions about IP & IT Law

A German trademark is filed with the German Patent and Trade Mark Office (DPMA), an EU trademark with the EUIPO. A search for earlier rights before filing is important, because the office only examines absolute grounds for refusal, not conflicts with existing marks. At the DPMA, the official basic fee is currently 300 euros for up to three classes of goods and services, with each additional class costing extra. Without objections, registration usually takes a few months. We handle the search, class selection, filing and the defence in opposition proceedings.

A German trademark protects the sign only in Germany and is held at the DPMA. The EU trademark protects it in all EU member states through a single filing at the EUIPO, but can fail entirely on a single successful opposition. Through WIPO, an internationally registered mark can be extended to many further countries on the basis of a home mark. Which route is right depends on the target markets, the budget and the existing rights landscape. We develop the appropriate filing strategy.

First: take the deadlines seriously, but do not sign anything without review. A penalty-backed cease-and-desist declaration often binds for decades and can become more expensive than the warning itself. We assess whether the alleged trademark, competition or copyright infringement exists at all, whether the declaration is drafted too broadly and whether the costs claimed are justified. Often a modified declaration can be given or the claim defended. Where you are the one affected, we enforce your rights in turn.

The key points are a clear specification, the scope of the usage rights granted, availability (service level agreement), liability and its limitation, maintenance and support, and the handling of data and data protection. With SaaS and cloud, questions of data location, processing under the GDPR and exit scenarios come on top. In agile projects, contractual control of scope and remuneration is particularly important. We negotiate these contracts on the provider and the customer side and put them into robust shape.

Core duties include a record of processing activities, technical and organisational measures, processing agreements with service providers, safeguarding data subjects' rights, privacy notices and the reporting of data breaches within 72 hours. Depending on the activity, a data protection impact assessment and the appointment of a data protection officer may be added. International data flows require additional safeguards. We put a workable level of data protection in place and support you in audits and incidents.

The AI Act regulates AI by risk class. Prohibited practices and the AI literacy obligation have applied since February 2025, transparency duties, for example for chatbots, from August 2026, and the strict requirements for high-risk systems from December 2027. Even now the regulation affects almost every company that uses AI tools, because staff must be trained in dealing with AI. Infringements carry fines of up to 35 million euros or seven per cent of worldwide annual turnover. We classify your applications and implement the obligations in a practical way.

The EU Data Act governs access to and use of data generated by connected products and services. Users gain the right to access the data produced by their devices and to share it with third parties; providers must ensure data portability and interoperability and may not tie in contract partners unfairly. The rules have applied since autumn 2025 and affect contracts, product design and business models around connected products. We assess whether you are affected and adapt contracts and processes.

The NIS2 Directive considerably expands cybersecurity duties and applies in Germany through the BSI Act. It affects not only operators of critical infrastructure but many medium-sized and large companies across a range of sectors, increasingly as suppliers to affected customers. It requires risk management, reporting channels for security incidents, evidence and accountability of management. We clarify whether you fall within its scope and support implementation, including contractually along the supply chain.

In transactions, intellectual property is often the real value driver. In due diligence we review the existence, ownership and encumbrances of the rights, the unbroken chain of title, and licensing and open-source obligations. At completion we ensure the effective transfer or licensing of the rights, including across borders, and their recording in the registers. This keeps the intangible assets secured and the purchase price justified.

IP rights are territorial, so their enforcement follows the respective national law. Through an established network of specialised firms, we coordinate enforcement across several countries from a single point, from the cease-and-desist letter through interim relief to court action. In cases of product piracy, customs seizure is added. What matters is a coordinated strategy that keeps the forums, costs and enforceability in view. We manage this centrally.

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Maxfeld.legal

Rechtsanwaltsgesellschaft mbH
Leipziger Platz 21
90491 Nuremberg

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