Check Eligibility for Protection
We review whether a name, logo, or slogan meets the legal requirements for registration as a trademark.
What does "protectability" mean?
Before a trademark is filed, a key preliminary question arises: Is the mark even eligible for registration as a trademark?
A registrability review is conducted to assess whether a name, logo, slogan, or other mark meets the minimum legal requirements for registration in a registry (e.g., DPMA or EUIPO).
Eligibility for Protection in Trademark Proceedings
- Located before registration
- Closely linked to the directory of goods and services
- To be distinguished from research into older laws
Eligibility for Protection ≠ Search
The examination of registrability determines whether a sign is, in principle, eligible for registration.
The search, on the other hand, determines whether there are any prior trademarks or signs that would preclude registration.
Common Questions and Risks
Distinctive character
Is the symbol understood as an indication of origin—or merely as a factual or promotional statement?
Descriptive Information
Terms that describe the characteristics of a good or service are generally not eligible for protection—even when they are in a foreign language.
Need for personal space
Common terms and industry terminology should not be monopolized.
Misleading Information
Trademarks must not mislead regarding origin, nature, or quality.
Public Order / Public Morals
Expulsion for Violating Fundamental Values.
National Emblems & Protected Symbols
Flags, coats of arms, or official symbols are generally prohibited or require authorization.
Why this is relevant
Without an exam
Risk of rejection, delays, additional costs, limited protection, and last-minute name changes.
With exam
Predictability, a clear scope of protection, a straightforward application process, and fewer conflicts during administrative proceedings.
Options and Procedures
Choose the character design strategically
Word mark, figurative mark, or combination—considering scope of protection and risk.
Accurately Describing Goods and Services
Patentability depends on the context; well-organized directories are crucial.
Arguments Presented to the Agency
Comments regarding common understanding, ambiguity, or lack of descriptive effect.
Traffic Enforcement (if applicable)
Strategic assessment of whether usage metrics are appropriate and economically viable.
The assessment of registrability determines whether a trademark is, in principle, eligible for registration. If you have any questions about this or any other trademark law issues, please feel free to contact us.
Related to the topic of protectability
Develop a Brand Strategy
Advice on scope, countries, and long-term direction
Research
Checking whether identical or similar trademarks already exist
Here's how we support you
Before Registration
- Classification of the symbol
- Review of Absolute Grounds for Refusal
- Information on Alternatives
- Integration with the Directory & Search
In administrative proceedings
- Review of Complaints
- Statements
- Strategy for Partial Redemptions or New Subscriptions
Download PDF
For anyone who would like to get an idea of what to expect beforehand.