A trademark provides consumers with an indication of the source of a product or service. In addition, a trademark is often associated with thequality of a product or service in the market. In other words, a trademark is a reliable indication of origin and a promise of quality that helps yourcustomers with orientation in the market.

Trademarks can increase the overall value of your business. The greater the reputation of your trademark, the greater its financial value. Atrademark is also an intangible asset. In particular, as the owner of a trademark, you can trade with it, for example, by licensing or selling it.

In addition to conferring the right to prohibit others from using the trademark, a trademark may also confer economic exclusivity. In particular, it can be used to differentiate products or services from those of competitors. A trademark can therefore help to create and communicate a company’s image.

Under German trademark law, all signs, in particular words, including personal names, images, letters, numbers, sounds, three-dimensional designs, including the shape of a product or its packaging, as well as other appearances, including colors and color combinations, which are suitable for distinguishing the goods or services of one company from those of other companies, can be protected. 

In principle, Internet domains can also be protected as trademarks. It is therefore advisable to conduct a trademark search before choosing a domain name to avoid infringing on earlier rights.

A certification mark can be used to obtain protection for quality seals or certification marks from neutral certification companies. 

A collective mark indicates that the products bearing it originate from a specific collective. Therefore, only associations with legal capacity or legal persons under public law can apply for a collective mark. 

According to the case law of the German courts, you may use the ® symbol for your trademark if you are the owner of a registered trademark. 

Under German trademark law, both a natural person and a legal person or a partnership having legal capacity can be the applicant for a trademark. This means that, in principle, any company or private individual can register a trademark for any goods and services. No business activity is required. However, special rules apply to certification marks and collective marks. 

Care must be taken with the “Gesellschaft bürgerlichen Rechts (GbR)” company form. A GbR can be entered in the Trademark Register as the owner if the name and address of at least one shareholder authorized to represent the company are indicated. 

In principle, it is also possible and conceivable to register a company name as a trademark, but at least in Germany, the company name is already protected by law. According to the German Civil Code (BGB), the right arises upon actual use, while according to the German Commercial Code (HGB), any right arises upon registration of the company in the Commercial Register. 

There are many different types of trademarks. The most common are the word mark and the figurative mark, or the combination of both, known as the combined word/figurative mark. There are also numerous other types of trademarks, such as the three-dimensional mark or the sound mark. 

In general, the application procedure at the German Patent and Trade Mark Office (DPMA) can be completed within a few months if no deficiencies are found by the Office. 

It is also possible to file a request for accelerated examination with the DPMA for a fee (€ 200). An application with a request for accelerated examination will be processed with priority. A decision on accelerated applications will be taken within six months of filing if the applicant cooperates sufficiently. The request for accelerated examination may be particularly interesting if you want to register your trademark as an IR trademark within six months. 

The costs of filing a trademark application can vary widely. For example, they generally depend on the number of different classes of goods and services claimed. In addition, the costs also depend on the choice and number of specific countries for the application and the respective costs of foreign representatives. We will be happy to provide you with a detailed cost overview, including the current official fees for your trademark application in Germany and/or abroad. 

Applicants resident, having a principal place of business or a branch office in Germany are generally not required to appoint an attorney to file a the trademark application in Germany. However, in order to develop a successful and sustainable trademark strategy and to conduct a meaningful trademark search, it is advisable to seek the assistance of patent attorneys or attorneys at law who are experts in this field. We will be happy to assist you with individual questions regarding your trademark application or, if you wish, to advise you comprehensively on all matters relating to trademark protection. 

If you have received a cease and desist letter from a third party alleging trademark infringement and possibly requesting that you sign a cease and desist declaration, you should immediately have the letter reviewed by a patent attorney or an attorney at law specializing in intellectual property rights before making any declaration. In particular, it should be examined whether the cease and desist letter is justified or unjustified, i.e. whether an infringement has occurred at all. Our experienced team can help you assess the legal situation and select and implement the appropriate measures to protect your rights. 

As the owner of a registered trademark, you have the right to prevent third parties from using your trademark without authorization. If your trademark is infringed, you have a number of rights, including the right to injunctive relief, the right to information, the right to reimbursement of expenses, and the right to damages. 

To enforce your rights, you may consider out-of-court remedies such as sending an alleged infringer an authorization enquiry or a cease and desist letter. In addition, a claim for injunctive relief may also be asserted in court, for example by way of a preliminary injunction. 

However, in order to assess whether a trademark infringement may actually exist in a particular case, we recommend that you have the situation reviewed by a patent attorney or an attorney at law specializing in intellectual property rights before taking any steps. We will be happy to assist you in analyzing and evaluating the situation and choosing the appropriate means to enforce your claims