Welcome to the homepage of BOGENSBERGER Patent- & Markenburo, your reliable partner in any IP matters in the Principality of Liechtenstein. Having our place of business in Eschen (Liechenstein) we offer full-range IP consulting and representation services in this country and abroad, and particularly so before the
• LIECHTENSTEIN IPO (AVW)
• SWISS IPO (IGE)
• GERMAN IPO (DPMA)
• EUROPEAN IPO (EPO)
• WORLD Intellectual Property Organization (WIPO)
• EUROPEAN UNION IPO (EUIPO)
Additional support is provided by our colleague Dr. iur. Teresa Bogensberger in Vienna, Austria, who is an experienced Attorney-at-law with a special focus on intellectual property issues including contractual law, trademark and design law, authors' rights and copyright law, and unfair competion. She assists us in rendering legal services in connection with IP disputes before the
• AUSTRIAN IPO (OEPA),
• AUSTRIAN Courts, as well as before the
• EUROPEAN UNION IPO (EUIPO) in Alicante / Spain.
We are available for personal consultancy on working days from 9:00 a.m. - 5:00 p.m.
Our professional services in connection with patents of invention and utility patents cover inventions from various technical fields including but not limited to chemical, biochemical, pharmaceutical, biotechno-logical, genetic, and medical inventions (including veterinary, human, and dental medicine), biomedical inventions, as well as inventions in the fields of medical engineering, mechanical engineering, and computer implemented software.
Our clients in this sector are typically SMEs and universities in the life science fileds.
Our professional services in connection with trade marks comprise consultancy as to the proper selection of a trade mark, conducting availability searches including company name searches in the Liechtenstein registries, as well as the filing, prosecution and renewal of trade marks.
Analogously, we consult our clients in design matters and prepare and file the application documents and are also happy to attend to renewal of individual or collective design registrations.
Our professional services comprise: general IP consulting services;
conducting prior art searches;
preparing and filing applications for patent, utility patent, trade mark or design patent;
preparing and filing additional requests; monitoring and paying official fees including maintenance and renewal fees;
monitoring services relating to competing intellectual property;
representing before IPOs in this country and abroad;
representating during examination, opposition, and appeal proceedings;
enforcing IP vis-à-vis third parties by way of infringement, nullification and/or cancellation actions.
Patent- & Markenburo is
an internationally operating patent law firm having its place of
business in the principality of Liechtenstein and love to co-operate
with associates all across the globe, and particulalry so in
jurisdictions where we are not personally admitted to directly
BOGENSBERGER Patent- & Markenburo has been founded in 2004 by Dr. Burkhard Bogensberger as a life sciences spin-off of the patent law firm of Buchel, Kaminski & Partner, where Mr. Bogensberger had served as an employee for almost 10 years.Based upon the experiences gathered from several years of industrial research and development as a group leader in the laboratory and pilot scale in the pharmaceutical industry Mr. Bogensberger has aquired a deep understanding of the needs of the life sciences industry and related sectors of universities, which he is now able to apply in consulting services to the benefit of his clients.
BOGENSBERGER Patent- & Markenburo is particularly proud of being able to render professional services in a very cost-efficient and cost-competive way even within very short terms, if necessary. Our responsiveness and immediate attendance to inquiries and orders is highly appreaciated by our clients. We would love to also let YOU benefit from our range of IP services in Liechtenstein and/or Switzerland.
Dr. Burkhard Bogensberger
PhD, MSc. chem.
European Patent Attorney
European Trademark Attorney
Liechtenstein Patent & Trademark Attorney
PATENTS OF INVENTION
Liechtenstein is a tiny yet remarkable spot on this planet. The principality hosts some industrial global players especially in the fields of professional drilling and mining equipment, dental care equipment, coating technology for IT equipment, and food technology. Yet the human resources are limited. At least for that reason Liechtenstein has no national army to defend its treasures and is also lacking personal staff for various official administrative tasks. It is therefore of vital interest for the Principality to seek alliances with the neighbouring countries on various issues.
One such issue is the patent system. Liechtenstein is void of a national patent office. Instead, Liechtenstein has entered into an agreement with Switzerland back in 1978 which has in effect that any Swiss patent whether filed via the national route, via the PCT route or via the regional European route will be effective in and for Liechtenstein as well. All the administrative tasks are being handled and performed by the Swiss PTO only.
Interestingly, Liechtenstein has availed itself of an independent trademark law. But taking into account the limited human resources and the size of country the Liechtenstein trademark practice is not only influenced by the Swiss trademark practice but is in fact governed by the Swiss trademark practice and Swiss case law. Simply, because there are to few court cases in Liechenstein to build on a reasonably supported own IP practice. And also, because the Swiss trademark law is almost identical with the Liechtenstein trademark law.
As a consequence of the low number of trademark (and design) disputes the government has refrained from setting up an opposition department and instead has established (by law) an opposition-free trademark and design practice. That means, however, that in order to enforce one's trademark and/or design rights vis-à-vis a third party one has to bring action to the court, i.e. to file a cancellation, nullification or invalidation suit.
You should be aware of the fact, however, that filing a cancellation action based on an alleged lack of use of the trademark will hardly ever be successful because the Liechtenstein trademark law accepts the use of the trademark in either Liechtenstein, Switzerland or the European Union as a proper use of the trademark.
It should also be noted that a foreign plaintiff will usually be ordered to pay a security deposit with the court prior to the onset of litigation in order to safeguard the expected expenses by the court and the defending party. The amount of the deposit will largely depend on the estimated or alleged financial volume involved with the case and can readily be within a range of from 10'000 to 50'000 Swiss francs (CHF).
Liechtenstein trademarks are being granted and registered for a period of 10 years from filing and may be renewed every 10 years. There is currently no requirement of filing evidence of use of the mark. However, should the use of the trademark (in either Liechtenstein, Switzerland or the European Union) be interrrupted for more than 5 consecutive years the trademark will become vulnerable to cancellation by third parties. It will not be cancelled ex officio though.
Similarly, Liechtenstein has its own design law, although almost identical to the Swiss design law. Accordingly, the examination practice is governed by the Swiss examination guidelines and practice. Also, as is the case with the trademark law there is no opposition available for design registrations either. Enforcement of the design rights is possible only via court actions.
As in many other jurisdictions, Liechtenstein designs are being registered for a period of 5 years and may be renewed four times for another period of 5 years each (maximum 25 years).
Liechtenstein is a member country of the European Economic Area (EEA) while Switzerland is neither a member to the EEA nor to the EU (European Union). For that reason Liechtenstein is obliged to take over and implement many of the EU laws, directives and guidelines including the directives governing trademark and design practice. The administrative bodies of the country are currently rather busily working on these issues. Of course, this will have in effect that starting within the near future the Liechtenstein IPO examiners will have to pay more attention to the EU case law and EU trademark practice than to the currently applied Swiss practice. At least with regard to the overly strict Swiss practice on the use of geographic indications in trademark names we expect some procedural relief to the benefit of our clients.
It is explicitly emphasized that we have no influence whatsoever on the websites linked in to this homepage. Any use of these links is therefore carried out on your own responsibility and risk. Bogensberger Patent- & Markenburo denies any liability for possible disadvantages or damages caused by your use of any of the links herein.
Additionally, it is explicitly emphasized that all information provided on this homepage must not be construed or misinterpreted as a legally binding consultancy. Rather it shall be understood as a simplified information for helping interested people to ask specific questions on IP issues.