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19 May 2008

Interview: Frank Meixner, Bayer

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Eklavya Gupte, London

Frank Meixner, head of corporate trademarks at Bayer, tells Eklavya Gupte how his department has integrated different portfolios in response to Bayer’s mergers and acquisitions over the past decade

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?


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