Protect your trademarks
Brands are ubiquitous. Be it fashion, cars, smartphones, technology, or cornflakes in the morning - everyone associates memories, emotions, and experiences with logos, corporate colors, jingles, or symbols. This distinctiveness is what makes brands so valuable for a company because this is how products, services, or companies stand out from others. A catchy logo or a great brand provides market value to the product or company behind it. Customers identify the individual product and brand with the reputation and quality of the company as a whole.
Brands can evoke emotions and are worth a great deal of money for companies due to their recognition value. It is advisable, therefore, to register and protect trademarks.
A trademark can be a picture mark (logos and symbols), wordmark, combined word and picture mark, sound mark (jingles and audio logos), color mark (e.g., the magenta red of a German telecommunications provider) and olfactory trademark, although the discussion about the protectability of olfactory marks continues. Even position marks and three-dimensional marks within wordmarks and figurative marks are permitted, such as the unique shape of a product or its packaging. The distinctiveness from the competitors' trademarks is crucial for the registrability and protection of trademarks.
Before a trademark is registered, a detailed trademark examination should take place. As a law firm which specializes in industrial property rights, we would be pleased to assist you. We strongly recommend monitoring and observing the market for registered trademarks to identify possible trademark infringements and take appropriate action. The value of a trademark can only be maintained if the holder is using, and actively defending his brand - otherwise, the dilution or loss of trademark protection may occur. There is the option for civil as well as for criminal proceedings in this case. We will also be happy to advise you here. You can find further information in the sub-sections Trademark Application, Trademark Administration, Trademark Surveillance, Design Applications as well as Piracy and Trademark Criminal Law.
Anyone intending to register a trademark in Germany must submit it to the German Trademark and Patent Office.
We have prepared further information on the procedure under Trademark Application.
With the Union Trademark, a trademark can be registered and protected in all member states of the European Union (28 with the UK). In this case, registration takes place via the EUIPO, which stands for the European Intellectual Property Office. The EUIPO applies particular methods for the registration of a Union trademark.
If you wish to register your German trademark worldwide and to protect it, you need to apply for international registration at the "World Intellectual Property Organization" via the German Patent and Trademark Office. The countries for which the application for protection has been filed and which support the Madrid Agreement can object to the demand for trademark protection within one year following their national laws. If the application for international trademark protection is approved, the trademark is protected in the approving countries in the same way as local trademarks in the respective country.