Thomas H. Schmitz

Partner

Thomas H. Schmitz has worked as an attorney since 1998 and advises German and international clients in various fields of intellectual property law, in particular trademarks and designs, unfair competition and copyright. He is a highly experienced litigator with a focus on plagiarism and trademark infringement. He also advises on the development of his clients’ advertising and marketing strategies as well as product development. He drafts and negotiates licences and cooperation agreements and advises on IP-intensive transactions.

During his studies at the Universities of Cologne and Lausanne he specialised in intellectual property law. He then focused further on this specialisation in different law firms and as the in-house counsel of a major telecommunications company. In addition, Thomas is also a lecturer at Hagen Law School and Maastricht University.

  • REPRESENTATIVE MATTERS
    • Representing a leading global pharmaceutical originator in an extensive series of trademark, unfair competition and regulatory litigation cases (2014 – present)
    • Representing a leading German beverages company in extensive unfair competition litigation (2013 – present)
    • Representing a major German pharmaceutical and cosmetics company in a series of pass-off litigation cases (2018 – present)
    • Long-standing representation of a major confectionary company in trademark prosecution and litigation (2006 – present)
    • Representation of the world’s largest cosmetics company in trademark matters
    • Representation of a worldwide leading electronics group in extensive trademark law proceedings with coordination for Europe (since 2017)
    • Advising a Korean car manufacturer on trademark law issues
  • PROFESSIONAL AFFILIATIONS
    • L’Association Internationale des Juristes pour le Droit de la Vigne et du Vin (AIDV)
    • International Association for the Protection of Intellectual Property (AIPPI)
    • German Association for the Protection of Intellectual Property (GRUR)
    • International Trademark Association (INTA)
    • Intellectual Property Owners Association (IPO)
    • Association of European Trade Mark Owners (MARQUES)
    • American Intellectual Property Law Association (AIPLA)
  • PUBLICATIONS
    • Schmitz, Sondergebiete des Lauterkeitsrechts, 5. Aufl. 2019
    • Schmitz/Breuer (2017), Chapter Germany in “The International Comparative Legal Guide to: Copyright 2018, 4th Edition”
    • Schmitz/Breuer (2016), Chapter Germany in “The International Comparative Legal Guide to: Copyright 2017, 3rd Edition”
    • Schmitz/Breuer (2015), Chapter Germany in “The International Comparative Legal Guide to: Copyright 2016, 2nd Edition”
    • Münchner Vertragshandbuch 7. Aufl. (2015) VIII. Kapitel Markenrecht
  • SPEAKING ENGAGEMENTS
    • Visiting lecturer for unfair competition law, Hagen Law School
    • Visiting lecturer for trademark and unfair competition law, Maastricht University
    • Regular speaker at several seminars and conferences
  • WHAT OTHERS SAY
    • Recommended Individual – JUVE, 2023/2024
    • “Thomas provides pragmatic counselling and has the ability to quickly evaluate a matter and recommend a clear course of action. He is a brilliant litigator and negotiator, creative and business minded. Thomas is a top-notch attorney and an invaluable asset to his clients.” – World Trademark Review 1000: The World´s Leading Trademark Professionals, 2023
    • Often recommended – JUVE, 2022/2023
    • Schmitz is called “a brilliant litigator”: “He has an impressive courtroom presence and is always extremely responsive.” – World Trademark Review 1000: The World´s Leading Trademark Professionals, 2022
    • “The perfect balance between professionalism and an extremely pleasant atmosphere makes working together so easy. Deadlines are always met, feedback is prompt and the results are outstanding. Particularly noteworthy is the feeling for the client and his needs.” – Legal 500 EMEA, Germany, 2022
    • Often recommended, “excellent IP lawyer”, “good in legal procedures”- JUVE, 2021/2022
    • “Thomas, Christina and Mathis all show dedication to clients, an ability to explain German trademark law simply and an excellent capacity to work as part of an international team on cross-border matters. I would recommend them to anyone looking for committed and responsive counsel – they are first class.”World Trademark Review 1000: The World´s Leading Trademark Professionals, 2021
    • “an outstanding lawyer with good technical knowledge” –  World Trademark Review 1000: The World´s Leading Trademark Professionals, 2020
    • Recommended for IP – Trademark Law – Legal 500 Deutschland, 2020
    • “Thomas Schmitz at Hoyng Rokh Monegier is a fabulous lawyer with remarkable technical knowledge. He thinks outside the box and comes up with ideas that reap great rewards.” – World Trademark Review 1000 – The World’s Leading Trademark Professionals, 2019
    • “streiterfahrener Markenrechtler” – Legal 500 Deutschland, 2018
    • „scharfsinnig, wortgewandt u. präsent im Gerichtssaal“ – JUVE, 2016/2017 (Law Firm of the Year for IP“)
    • “Recommended lawyer, ‘experienced and creative litigator for unfair competition and trademarks’” – Juve German Commercial Law Firms, 2013
    • […] “A partner focusing exclusively on trademarks and unfair competition was appointed at the beginning of 2008 in the form of Schmitz, who is driving practice growth”. – Juve German Commercial Law Firms

Assistant details

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Visiting address:

Steinstraße 20
40212 Düsseldorf
Germany

Postal address:

Steinstraße 20
40212 Düsseldorf
Germany