Trademark protection

What is a brand?

A trademark is a sign that serves to distinguish the goods or services of one company from those of other companies, thereby creating trademark protection. Signs that can fulfill this distinguishing function are eligible for protection. These include words, letters, numbers, images, colors, holograms, multimedia symbols and sounds.

Trademark protection is usually obtained by registering the trademark in the register of the German Patent and Trademark Office(DPMA). Alternatively, trademark protection can also be acquired through intensive use of the sign in business transactions (reputation) or through its general recognition.

Why is trademark protection important?

Trademark protection offers companies the opportunity to secure their trademark rights and take action against unauthorized use by third parties. Without trademark protection, companies run the risk of competitors using similar or identical trademarks, which can lead to confusion. This could not only damage the brand’s reputation, but also lead to a loss of sales.

With comprehensive trademark protection, companies can ensure that they can use their trademark exclusively and protect it from imitators and infringements. Registered trademark protection grants the owner the sole right to use the trademark and enables legal action to be taken against unlawful use by third parties.

What types of trademark protection are there?

Trademark protection can be acquired in various ways. The three most common forms of trademark protection are

Trademark registration: The most common and safest method of obtaining trademark protection is to register the trademark with the German Patent and Trademark Office (DPMA). After successful registration, the trademark is initially protected for ten years, although the protection period can be extended as often as required.
Reputation: In certain cases, trademark protection can also be obtained without registration if the sign has achieved a considerable reputation through intensive use in the course of trade. However, this protection is more difficult to prove and generally offers less security than a registered trademark.
Generic reputation: In exceptional cases, a sign may enjoy trademark protection due to its generic reputation, even if it is not registered. This applies in particular to globally known trademarks such as Coca-Cola or Apple.

How do you obtain formal protection?

The process of obtaining trademark protection usually begins with filing a trademark application with the DPMA. Here is an overview of the steps:

Trademark search: A comprehensive trademark search should be carried out prior to registration to ensure that no existing third-party rights are infringed. A thorough search can prevent conflicts and costly legal disputes.
Trademark applicationAfter the search, the trademark application is filed. All essential information about the trademark must be provided, including the name or sign to be protected and the goods and services for which protection is sought.
Examination by the DPMA: After the application, the DPMA examines whether the trademark meets the legal requirements. In particular, it checks whether the sign has the necessary distinctive character. It is not examined whether earlier trademark rights are infringed.
Registration and publication: If all requirements are met, the trademark is entered in the trademark register and published. Legal trademark protection arises upon registration, with retroactive effect from the date of application.

How long is a trademark protected?

Trademark protection begins with the entry of the trademark in the register and is initially valid for ten years. This period can be extended an unlimited number of times for a further ten years, provided that the relevant renewal fees are paid on time. It is therefore advisable to think about renewal in good time before the term of protection expires in order to maintain trademark protection.

What can be covered by trademark protection?

Various types of signs can be protected as part of trademark protection. These include

Word marks: Trademarks that consist of words, letters or numbers. Examples are company names, product names or slogans.
Figurative marks: logos, symbols or graphic elements used to identify products or services.
Color marks: Certain color combinations can also be protected under trademark law if they have sufficient distinctiveness.
Sound marks: Melodies or specific sounds can also be registered as trademarks, provided they serve to identify products or services.
Holograms and multimedia signs: With advances in technology, three-dimensional signs or multimedia elements can also be protected under trademark law.

How can you protect your trademark?

Once a trademark is registered, the trademark owner should actively work to protect it from infringement. This includes in particular

Trademark monitoring: It is advisable to regularly check whether other companies are using similar or identical signs. This can be done using special monitoring services or through your own research.
Enforcement of rights: If a trademark infringement is detected, the owner should take immediate legal action. This can take the form of a warning letter, injunction or legal action.
Use of the trademark: In order to maintain trademark protection, the trademark must actually be used. In Germany, trademark protection can be withdrawn if the trademark is not used within five years of registration.

International trademark protection: How can you protect your trademark worldwide?

If you want to protect your trademark not only in Germany but also internationally, you have several options:

EU trademark: An EU trademark offers protection in all member states of the European Union. It can be registered with the European Union Intellectual Property Office(EUIPO).
International registration (WIPO): You can register your trademark in several countries at the same time via the World Intellectual Property Organization (WIPO). This is done via the so-called Madrid system, which simplifies the registration process in many countries.
National trademark applications: Alternatively, trademarks can also be registered directly in individual countries if only certain countries are of interest.

Conclusion: The value of trademark protection

Brand protection is an essential component of entrepreneurial success. It not only protects a company’s intellectual property, but also strengthens its position on the market and prevents misuse of the trademark by third parties. Registering a trademark, combined with continuous monitoring and enforcement of rights, is therefore an essential measure for any company that wants to be successful in the long term.

With the right brand protection strategy and the targeted use of existing protection mechanisms, companies can secure their brand values in the long term and strengthen their competitive position. Well thought-out brand protection therefore not only pays off in legal terms, but also contributes to increasing the value of the company.