Trademark registration: strategy, protection and trademark infringements

What needs to be considered before filing a trademark application?

As a rule, company foundations cannot do without a meaningful brand presence. The following basic points should be clarified before registering a trademark:

• Which characters, shapes, colors, etc. do I want to protect?
• Which goods or services do I want to insure?
• How extensive should the trademark protection be?

The more precisely a trademark protection is thought through, the lower the risk of a later warning from third parties who are presumed to own older property rights.

Which brand shape suits the company?

When founding a company, the word/figurative mark is often the best solution for trademark protection. It protects the company name linguistically and the corresponding company logo visually. A word mark can also provide additional flexibility. As trademark protection is designed for ten years, you should take long-term developments into account.

How are goods and services protected?

A trademark application is divided into 45 Nice classes. These are divided into goods in classes 1 to 34 and services in classes 35 to 45. Legal advice can minimize the risk of possible warnings if very detailed products or services are to be protected.

Where should the trademark be protected?

When founding a company for the German market, a trademark application for Germany via the German Patent and Trademark Office (DPMA) is usually sufficient. Alternatively, a European Union trademark offers protection throughout Europe. Trademarks can also be registered internationally for individual countries.

What cannot be protected?

Designations for very general objects, goods or services (such as "table" or "car") cannot be protected. This also applies if the description is in another common language, such as English. Coats of arms, flags and anything that is contrary to public decency or public order cannot be protected either.

Why should the domain be chosen to match the trademark ?

Trademark protection exists for a word/figurative mark or a word mark for a very specific combination of signs. You must register the corresponding domain through a provider. In order to be found by customers and to be protected here as well, it is advisable to design the character combination as for the trademark .

What is trademark infringement?

Trademark infringement occurs when a registered trademark is used against the will of the trademark owner. This can be caused by the identical or similar use of signs and visuals if goods or services have the same or very similar design. It can arise in the context of a trademark application or if work is carried out without a trademark . As part of a trademark application, trademark owners of older property rights have the option of filing an opposition against the new trademark . It is therefore advisable to monitor your own Trademarks .

Conclusion

A well-thought-out trademark application in advance protects against trademark infringements and warnings from third parties. Legal advice can uncover and prevent potential trademark conflicts before they arise.

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