How did you get into the company, and how long have you been with Bayer?
I was admitted to the German bar 10 years ago in 1998. In my law studies we didn’t really focus on IP as a particular subject so I did not really have a clue about IP at the beginning. It was rather by chance that after my studies I first worked for a German law firm specializing in IP especially patent litigation and other aspects of technical IP. After I had discovered the fascinating world of IP in that law firm I joined Bayer in 2001 in the trademark department and at the beginning of 2007 was appointed head of Bayer’s global trademark department after my predecessor had retired.
How has the brand changed since you’ve been there?
Bayer has gone through a very active M&A phase in the last few years and due to that there have been substantial changes in the group and our portfolio. For a very long time, Bayer was a rather stable, traditional German company. It is much more of a global player now than it has been in the past. There was a big reorganization of the group in 2002–03. It now has certain pillars of operations—Bayer Healthcare, Bayer CropScience and Bayer Material Science. The Bayer model relies on these three businesses. The idea is that all our products are designed to benefit people and improve their quality of life—as our slogan goes: “Bayer: Science for a better life.”
How many trademark registrations do you have?
We have more than 110,000 active trademarks. Out of them 63,000 are national trademarks and the remaining 30,000 include international trademarks and their designations and Community trade marks.
What are the main brands you have?
We have many brands, but the BAYER CROSS is our strongest and most valuable brand. It has a high brand recognition and consumer awareness. Bayer is also still associated with ASPIRIN since the drug was invented and first launched by our company more than 100 years ago. Bayer is still suffering from the consequences of the two World Wars, during which Bayer lost its trademark rights in ASPIRIN in some countries—especially in the United States, where it is now a generic term. However, in most other countries ASPIRIN still is a well-known brand and we were able to defend our trademark registrations.
What are the strengths and weaknesses of the brand(s)?
We have stronger and weaker trademarks just like anyone else. But of course we try to avoid trademarks with a low distinctiveness since it is very difficult to defend and enforce them against third parties.
How many countries do you protect the trademarks in?
We file trademark applications for all countries where a certain product will be sold. Since our business is active worldwide we have an increasing number of global brands.
What measures do you take to police your brands?
In cases of trademark infringement we have a reporting system with our affiliates abroad, and legal proceedings in such cases are coordinated by the trademark department. We try to ensure that a prompt, appropriate and deterring legal response is given to infringers.
Additionally, in its fight against product piracy and fake products Bayer has established special anticounterfeiting functions that carry out investigations and take appropriate legal steps against networks of counterfeiters where necessary.
What are the biggest challenges in your job?
The main challenge of my job is the increasing number of M&A activities at Bayer and the subsequent integration of the acquired trademark portfolios.
What are the biggest challenges facing brand owners in Germany, the EU and globally?
Apart from counterfeiting and infringement cases, it is a real challenge for pharmaceutical companies to get their trademarks approved by the regulatory bodies such as EMEA and the FDA. The name rejection rate is incredibly high and in most cases the process and its outcome are rather unpredictable. Parallel imports of pharmaceutical products are also a never-ending story especially in the new EU member states.
What do you like most about working in trademarks?
First of all I like the international scope and atmosphere. I do not know any other department in my company with a more international scope of activity. At one moment you are dealing with a case in China, two hours later you are talking about a project in Pakistan. And then a colleague from Russia calls you. You get to interact with people from rather different cultural backgrounds, which is both challenging and interesting. Also, the trademark community is rather special; most people working in this area are very open and have a broad horizon.
Background: history of the BAYER brand
Friedr Bayer et comp was founded on August 1, 1863 in Barmen, Germany by dye salesman Friedrich Bayer and master dyer Johann Friedrich Weskott. The company focused on the manufacture and sale of synthetic dyestuffs.
The financial foundation for expansion was laid in 1881, when Bayer was transformed into a joint stock company called Farbenfabriken vorm Friedr Bayer & Co. Its workforce grew from three in 1863 to more than 300 in 1881.
In the next 30 years, Bayer developed into a chemical company with international operations. Although dyestuffs remained the company’s largest division, new fields of business were joining the fold. Bayer then created a worldwide sales organization and by 1913 more than 8% of its revenues came from exports.
Bayer’s growth was devastated by the First World War. The company was largely cut off from its major export markets, and sales of dyes and pharmaceuticals dropped accordingly. The company’s US assets, including its patents and trademarks, were confiscated in 1917 and auctioned off to its competitors.
A community of interests had already existed between Bayer, BASF and Agfa since 1905 and in order to regain access to the vital export markets, these and other companies of the German tar dyes industry joined together. Bayer transferred its assets to IG Farbenindustrie and was deleted from the commercial register as a company.
In November 1945, the Allied forces confiscated the IG and placed all its sites under the control of Allied officers.
The Allies finally gave permission for the company to disperse and 12 new competitive companies were created in the Federal Republic of Germany. One of these companies was Farbenfabriken Bayer AG, which was established on December 19, 1951.
By the 1950s, the company was allowed to acquire foreign affiliates as well, and the United States and Latin America were the focus of these activities. After a few acquisitions in the late 1970s Bayer gained an important position in the US pharmaceuticals market.
In the 1990s Bayer’s acquisition and expansion activities further intensified. By 2001 it had acquired Aventis CropScience for e7.25 billion and a year later Bayer CropScience was launched as the first legally independent Bayer subgroup.
In January 2004 the BAYER CROSS trade mark celebrated its centennial.
