Trademark law

A trademark is a legally protected symbol that identifies a company’s goods and services and distinguishes them from those of others. There are word marks (e.g., company names), figurative marks (logos), word/figurative marks (a combination of a name and a logo), sound marks, color marks, and three-dimensional marks.

A registered trademark grants you the exclusive right to use it and protects you from third parties using the same or a similar name, logo, or symbol for similar goods or services. This strengthens your position in the market and safeguards your brand name as a valuable asset.

The trademark registration process consists of several steps: First, a trademark search is conducted to ensure that no similar trademarks exist. The trademark is then filed with the German Patent and Trademark Office (DPMA) or with EUIPO (for EU trademarks). After examination and payment of the fees, the trademark is registered if no objections are raised.

A registered trademark is initially protected for ten years. Protection may be renewed as often as desired for additional periods of ten years, provided that the trademark is actively used and the renewal fees are paid on time.

The costs vary depending on the type and scope of the application. A German trademark application costs starting at approximately 300 euros for the first three classes with the DPMA. An EU trademark application is more expensive because it provides protection in all EU countries. In addition, there may be costs for professional consultation and trademark searches.

A trademark search is essential to determine whether identical or similar trademarks have already been registered. This can be done in the DPMA’s trademark register or through European and international trademark offices. An attorney can conduct a more comprehensive search to avoid potential conflicts.

A trademark infringement occurs when a third party uses your trademark without permission for similar goods or services. You have the right to take action against such use—through cease-and-desist letters, injunctions, or claims for damages. Consulting with an attorney can help you take the appropriate steps.

If the Trademark Office rejects your application, you have the option to file an opposition or, if necessary, amend the trademark. It is advisable to review the grounds for rejection and, if necessary, determine the best course of action with the assistance of an attorney.

Yes, by filing an international trademark application (through WIPO), you can protect your trademark in multiple countries at the same time. Alternatively, you can also apply for an EU trademark, which is valid in all EU member states. An expert can help you develop the best strategy for your international markets.

To maintain your trademark protection, you must ensure that the trademark is used regularly and that renewal fees are paid on time. In addition, monitoring can be useful for identifying potential trademark infringements early on and taking action against them.