Trademark protection


TTrademark protection


A trade mark protects a product or company name, a logo, a slogan or another sign against imitation. The trade mark application can be filed in the form of a word mark, a figurative mark or a combination thereof (word/figurative mark). The choice of the right trademark form has a significant influence on the later scope of protection of the trademark.

When filing a trade mark application, it is necessary to indicate the goods or services for which trade mark protection is to be granted. Errors in the preparation of this list of goods and services can usually not be corrected after filing the application.

After the application for registration of the trade mark, a registrability examination is carried out by the Patent Office. If registration of the trade mark is refused, the official fees are not refunded. The risk of a refusal can be significantly reduced by the right choice of trade mark form and a skilful formulation of the list of goods.

When filing an application for a new trade mark, the patent office does not check whether this trade mark or a similar trade mark has already been registered. We therefore recommend carrying out a professional trade mark similarity search before applying for a trade mark and having the search results evaluated from the point of view of a possible trade mark collision. In this way, the risk of a costly trade mark infringement (warning letter, damages, etc.) can be reduced.

It may take several months until the trade mark is registered. Since trade mark protection only comes into existence when the trade mark is registered, we recommend filing the trade mark application as early as possible. However, it is also possible to file a trade mark application if the sign has already been used for months or years.

The term of protection of a trade mark is 10 years and can be renewed as often as desired.

We will be happy to check whether trademark protection is possible for your sign and carry out all the necessary work for you.


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