Register your DE or EU trademark at a fixed price

register trademark - all important practical information at a glance

Registering a trademark may seem simple, but there are many important points to consider. The most important thing in practice is that the trademark offices do not carry out searches for older Trademarks or company names, so it is possible to unknowingly infringe an existing trademark . Furthermore, your trademark application can still be challenged in court even after the opposition period has expired without any time limit. This means that you can expect costly warnings with a minimum object value of EUR 50,000 if your trademark application is not carried out professionally.nullIt is therefore advisable to hire a specialist lawyer to guide you through the process and ensure that all the necessary steps have been taken. With their expertise and knowledge of intellectual property law, they can help protect your rights and ensure that your trademark application goes as smoothly as possible.

register a trademark : Save money with your own registration?

Filing a trademark application yourself can be a tempting way to save money. However, it is important to note that the rejection rate for private applications is much higher than for those filed by professional trademark attorneys. This means that you have not only wasted your time and effort, but also lost the filing fees without any compensation.nullThe German Patent and Trade Mark Office (DPMA) and also the European Patent Office EUIPO do not check whether an application conflicts with older Trademarks or company rights, so it is up to you to ensure that your planned trademark does not infringe existing rights. In addition, many private applicants fail to pay all the required official fees, which results in their applications being rejected.

Above all, identity and similarity searches require special software that is not available to the layperson:

Trademark application: Research is very important!

It is important to carry out research before applying for a trademark in order to reduce the associated risks. A trademark identity search and a company name identity search can determine whether an identical trademark or an identical company name already exists in the same industry that could stand in the way of the trademark application. This is because the German Patent and Trade Mark Office does not check this after receiving your trade mark application. A search in advance can save time and money because it prevents you from investing in a trademark that has to be canceled or causes a costly trademark conflict.nullOnly by conducting a professional search can it be ensured that the application has a higher chance of success. It is also important to consider possible conflicts with existing Trademarks or company names, as this could lead to legal problems later on.

Registering a trademark online - the benefits of a trademark application

Registering a trademark is an important step for any company that wants to protect its trademark and identity and thus create added value for its business. A trademark application legally protects the logo, product name or company name from loss, depreciation or misuse. This means that you can take legal action against anyone who tries to use your trademark without permission. This can avoid expensive legal disputes, immense consequential costs and loss of identity.nullIn addition to the legal protection offered by a trademark application, it also serves to distinguish products and services from those of the competition. It helps customers to recognize your trademark and creates trust in the quality of your products or services. Most importantly, registering a trademark also increases the value of your company as it gives potential investors confidence in the long-term prospects of your business.

Trademark registration: Permitted Trademarks

Registering a trademark is a real way to protect the unique identity of a product or service. It allows companies to differentiate their products from those of their competitors and helps customers to easily identify them.nullAs a rule, the trademark is registered as a word or figurative mark or directly as a word/figurative mark.nullBut not every term is registrable and permissible: Numbers, letters, graphics, colors and shapes can be registered as Trademarks . For example, if a company has developed a new and completely unique color for its product, it can register this color as a trademark . Similarly, special bottles for drinks or special packaging materials can be protected with shape trademarks. Sound marks are also possible, with which companies can register melodies as Trademarks so that they cannot be copied by competitors.

Non-registrable trademark application: Lack of distinctiveness

Distinctiveness is the decisive factor when choosing a brand name. Generic terms such as "office chair" or "noodles" are not suitable as brand names as they do not have the necessary distinctiveness to be protected under trademark law. Even very general terms such as "fast" or "cheap", which are often used in advertising, are not distinctive enough to be protected as a trademark .nullIn order for a brand name to be legally protected, it must therefore be distinctive. This means that the name must be unique and not too similar to other existing names in the same industry. It should also not use generic terms that could refer to any product in the relevant category. By ensuring that your chosen name is sufficiently distinctive for your trademark , your business can protect its brand identity and ensure that your customers know exactly who they are buying from.

Misleading designations

Misleading labels are a common problem in the consumer market. These names are used to mislead consumers into believing that a product is of higher quality or origin than it actually is. For example, the brand name "Sachsenbräu" suggests that the product comes from Saxony, whereas in reality it is produced in Saarland. This type of misleading labeling can be extremely harmful to both consumers and businesses. Consumers may buy a product under false pretenses, while businesses may suffer from lost sales due to their misleading branding.nullTo protect consumers from this, companies must also adhere to strict guidelines when registering trademarks. In addition, the company must ensure that all claims about the trademark are accurate and not misleading in any way.

Requirements of availability and generic designations

The concept of free use and generic terms is a key component of trademark protection. Elements such as generic terms and categories should not be monopolized by a single company. These elements usually refer to entire groups of goods so that they can be freely used by anyone.nullThe trade mark office decides on a case-by-case basis whether there is a need to keep the mark free: for example, the applications for the word marks "WM 2016" and "Diesel" were rejected due to their generic nature and the potential impairment of free use by competitors. It is important to note that these decisions are made on a case-by-case basis. Therefore, it is always best to consult an experienced attorney before attempting to register a trademark .

Not registrable: Brand name already taken

When choosing a brand name, it is also important to ensure that the desired company name is still available. To do this, you should consult all available trademark registers in your business area and find out whether similar or identical names are already under trademark protection. It is also important to check the commercial register, as companies may be registered there without having applied for trademark protection. To avoid conflicts, you should either choose a different name or register it as a trademark before the competition.nullAs mentioned above, the trademark office does not check the newly applied-for trademark - which is why existing Trademarks can quickly be infringed without prior trademark searches. The consequence is a warning or an objection by the already assigned trademark when the owner learns of the new registration. This happens with professionally managed companies through trademark monitoring.

register trademark : The Nice classes

The Nice Classification is the system used by the patent offices to classify and catalog trademark applications. It consists of 45 classes, which are divided into 34 classes of goods and 11 classes of services. This classification system is used to identify the type of goods or services to which a trademark applies and makes it easier for companies to protect their intellectual property.nullWhen applying for a trademark at the DPMA or EUIPO, class fees may be charged in addition to the basic application fees. At the DPMA, three classes are included in the basic fee; from the fourth class onwards, a fee of EUR 100.00 is charged for each additional class. The basic fee for a trade mark application at the EUIPO is 850.00 euros. This fee includes the registration of one class.

Trademark applications without a trademark search?

Trade mark applications are filed without a trade mark search for economic reasons. Anyone can carry out a simple search for identical signs on the Internet and the DPMA's trade mark register is accessible to everyone. However, it is much more difficult to search for similar Trademarks, company entries in the commercial register and signs acquired through mere use, such as work titles. It is not possible for the layperson to assess the risk of collision, especially if older Trademarks are registered for goods and services other than those provided for in your own trademark application.nullA professional trademark search is necessary to identify possible risks in connection with a trademark application. A conflict can occur between goods on the one hand and services on the other; for example, between "clothing" (class 25) on the one hand and "retail services in clothing" (class 35) on the other. It is therefore important to carry out a thorough search before filing an application in order to avoid potential problems.

Objection to a trademark application

If a trademark application is rejected by the trademark office due to absolute grounds for refusal, such as lack of distinctiveness, it is important for the applicant to carefully examine the office's arguments. In many cases, it is advantageous to file an opposition in order to challenge the decision. Oppositions often also have a chance of success in the event of subsequent escalation in court.nullWhen filing a trademark application, it is therefore important to be represented by an experienced attorney who can advise you on how best to respond to an opposition from the trademark office. An attorney can also help determine whether there are legal grounds to contest an opposition and, if so, file a notice of opposition. Taking action against objections can help to protect a trademark applicant's rights and ensure that their application has a chance of being registered after all.