With our law firm offices in Cologne and Berlin, we specialize in copyright and media law, especially in the field of trademark law.
Trademark law protects
– the brand
– the business designations and
– the geographical indications of source.
According to § 5 MarkenG (German trademark law), business designations include company names and work titles. These are created by pure use, and far more frequently without the corresponding owner even having knowledge of them.
Any unauthorised use of a protected trademark or other distinguishing marks violates German trademark law. Against this one can protect oneself with warnings and finally enforce injunctive relief as a prohibition in court.
A trademark is used to identify goods or services of a company. Trademark protection arises through registration in the register of the German Patent and Trademark Office (DPMA), the Office of the European Union for Intellectual Property (EUIPO) or the World Intellectual Property Organization (WIPO).
With the registration of the trademark, the owner has the exclusive right to use the trademark for the protected goods and/or services.
There are some pitfalls to be considered when searching for a trademark prior to filing a trademark application. Not only identical signs collide with each other, but also similar signs. This is often a legal assessment and requires some experience in order to weigh up possible risks.
Please contact us if you have any questions regarding trademark applications, existing warnings, possible infringements or other questions regarding trademark, work title or company trademark law on German, European or international level. We will be happy to arrange an appointment with you.
Click here for more information on trademark law in our German tutorial “What is trademark protection?”