DPMA trademark application with Germany's number one

Do you have a successful business idea and want to protect your product or service from misuse by third parties? Then you can't avoid registering a trademark. A registered trademark not only stands for the image of your company, it is also protected. But the process is complex - at least without a competent partner.nullWith more than 1,100 trademark applications in 2020 and over 1,600 trademark applications in 2021, Recht 24/7 is the law firm with the most trademark applications at the German Patent and Trademark Office (DPMA) in Germany. Our technical expertise is correspondingly comprehensive. In this article, you can find out what advantages a trade mark application by a lawyer offers you, why a trade mark search makes sense and what services Recht 24/7 's trade mark application includes.

Trademark law: Why a trademark application is important

Have you ever asked yourself why you should register a trademark at all? The answer is simple: trademark protection does not exist by law - but only once a trademark has been registered. If you fail to do so, a competitor may steal your logo or company name. Only as the trademark owner can you prevent competitors from copying and using your trademark .nullWe are at your side with help and advice. From choosing the right trademark form to communicating with the trademark office and registering your trademark immediately. Around the clock - at a fair fixed price.nullWould you like to register a German trademark ? Start here by submitting your data.nullWould you like to register an trademark Trademark? Start here!

Register a trademark with a lawyer or do it yourself?

It is possible to register a trademark yourself as a private individual or as an entrepreneur. There is no obligation to hire a lawyer in Germany. However, there is a risk that registration may be delayed. For example, if the DPMA objects to something that you then have to rectify. Our lawyers are very familiar with the special features of German trade mark law and know which issues the DPMA staff will review and assess.nullFurthermore, registering a trademark without a lawyer can lead to a legal dispute - with owners of identical or similar, already existing Trademarks. This can happen even years later, when your trademark is already established with customers and on the market. The DPMA does not checkwhether similar Trademarks already exist. If you register a trademark that already exists in the same or a similar form, there is a risk of opposition and a warning letter. This can very quickly result in additional costs of several thousand euros and the loss of the trademark .nullIf you decide to register a trademark , our attorneys will check all the relevant facts in advance. This also applies if you want to apply for a European Union trademark at the European Union Intellectual Property Office (EUIPO). With around 500 successful EUIPO trademark applications in 2020 and 2021, Recht 24/7 is one of the most renowned contacts in this field.

Why is a trademark search useful for a trademark application?

The registration of a trademark can always lead to the infringement of an older, already registered trademark . This has consequences. If the owner takes legal or out-of-court action against the trademark infringement, costs will be incurred. You may be required to pay damages or disgorge profits. You will also have to find a new brand name for your company. This can be avoided by conducting a trademark search. When you register a trademark with Recht 24/7 , a comprehensive trademark search is already included in the price. We check whether the:

• Register of the German Patentand Trademark Office(DPMA) and
• European trademark register (EUIPO)

identical or similar Trademarks are registered. We use the currently leading search tools (e.g. Trademark Now / CorSearch) for this purpose. You will then receive a detailed report from us. This means you know whether similar or identical Trademarks exist before you apply for a trademark. Based on the results, we will advise you in detail on how to proceed.

What is the difference between a word mark, a word/figurative mark and a figurative mark?

Our attorneys will check whether the trademark you want is eligible for protection and registration. Signs that are suitable for distinguishing goods and/or services from market competitors are eligible for protection. This can include, among other things:

• Words
• Letters
• or graphics

be. A distinction must be made between word marks, figurative marks and word/figurative marks.

The word mark

Word marks are Trademarks consisting of letters, numbers or other characters. Trademark protection covers all common forms of reproduction, in particular upper and lower case and the change between common fonts. With a word mark, you can prohibit third parties from using a similar or identical designation for registered goods or services.

The figurative mark

The figurative mark is the opposite of the word mark. It consists exclusively of graphic elements - without letters and numbers. Unlike the word mark, it is possible to protect the specific graphic representation (e.g. a certain color tone) with a figurative mark.

The word/figurative mark

A word/figurative mark protects two components simultaneously for joint use:

• a character string or word combination and
• a graphical representation.

An important advantage of a word/figurative mark is that it can be registered even if registration of the word element itself would not be possible. For example, due to a lack of distinctiveness.nullDo you have any questions? As part of our trademark registration process, we will advise you in detail on the right trademark form for your company.

Trust is good, control is better - Recht 24/7 brand monitoring

Protecting your trademark is your top priority as the trademark owner after registering your trademark. However, you can only prosecute trademark infringements if you discover them. As already mentioned, trademark offices do not check whether new Trademarks infringe Trademarks that have already been registered. Theoretically, a third party can register your trademark without you knowing about it. According to Section 42 of the German Trademark Act (MarkenG), an opposition is only possible within 3 months of publication of the trademark registration. If you let this period expire, the trademark can only be removed by an action for cancellation.nullWe recommend that you book the Recht 24/7 trademark monitoring service. We check all relevant registers and databases for new applications on a weekly basis. These include

• DPMA
• EUIPO
• USPTO
• WIPO

If a third party registers a similar or identical trademark , you will receive a report from us immediately. We will also recommend whether and how you should take action against the trademark infringement.

Trade mark application with Recht 24/7: The most important facts in brief

• Registering a trademark protects it from misuse by third parties
• Only as the owner of a registered trademark do you enjoy the sole trademark rights
• With over 2,700 DMPA trademark applications in 2020 and 2021, Recht 24/7 has extensive expertise in this area
• A prior trademark search by a competent lawyer is highly recommended
• Recht 24/7 trademark registration supports you with all the necessary processes. From the search to the examination and registration
• We register word marks, figurative marks and word/figurative marks. At the DPMA and EUIPO.