Your Patent Attorney for Trademark law
You want to protect a company name or product name in Germany, in Europe or internationally?
You are planning high marketing expenses for a name or a logo and would like an assessment of the protectability of the sign?
You want to object to the trademark of a competitor or file a cancellation request?
You want to take action against product piracy?
You want to defend yourself against an alleged trademark infringement?
You are not sure whether and where trademark protection is required?
In our function as Patent Attorneys for Trademark Law, we advise you on the costs and benefits of a trademark in compliance with current trademark law.
All signs, i.e. names, logos, sounds and shapes which are capable of distinguishing the goods and services of one company from those of other companies can be registered as trademarks. Trademark applications can consist of words, letters, numbers, pictures, logos, 3D objects or acoustic signals or sounds. When filing a trademark application, you can have these special features of trademark protection protected against competition.
Trademark applications and Trademark Law
We advise you on Trademark Law and offer you a complete service from the conception of a trademark to the registration of the trademark before the German Patent and Trademark Office (DPMA), the European Union Intellectual Property Office (EUIPO) or the World Intellectual Property Office (WIPO). We advise you on the protectability of trademarks and carry out searches for third party rights and draw up a list of goods and services which guarantees you the broadest possible protection for your trademark and your products.
For a trademark application you have various possibilities. Company names or company logos can be protected by word marks or figurative marks. Modern trademark forms such as sound marks, colour marks, 3D marks, position marks or motion marks can also be used to protect other product features or elements with a high recognition value for your company.
Brand strategy and Trademark Law
For your company we develop a trademark strategy under consideration of the Trademark Law, which is optimally coordinated with other property right strategies, e.g. patent strategies and design strategies. In doing so, we pursue the goal of obtaining the most comprehensive possible scope of protection for your product range.
As an indefinite property right, the trademark is a particularly powerful tool of an industrial property right strategy. We can also use non-conventional forms of trademarks, such as 3D marks, motion marks, colour marks, position marks or sound and noise marks, which often grant broader protection than the classic word mark or figurative mark.
The Patent Office does not check in the course of the trademark application whether your name or logo is already protected in identical or similar form. This means that you may infringe another trademark despite your registered trademark.
Therefore, before you protect a logo or name, you should conduct a search for protected names or logos in trademark law. Otherwise, it may happen after the trademark registration that other trademark owners file opposition against your trademark application and request the cancellation of your trademark application. It is much more troublesome if you receive a costly warning after a trademark application due to a trademark infringement.
Before you invest extensively in marketing measures, we recommend that you check the protectability of the signs used and conduct a trademark search for protected third-party signs. This should be done under constant consideration of Trademark Law. In this way you have the possibility to adapt your desired trademark to the protection requirements before publication, if this is necessary, because after customers have noticed your advertising presence, it often cannot be changed easily.
Costs of a trademark application
The official fees for a trademark application vary depending on the countries in which a sign or name is to be protected and on the various goods or services you wish to protect with a company name. A German trademark application costs from 290 EUR. An EU-wide trademark application costs from 850 EUR.
We advise you on trademark law, where you should protect your trademark individually according to your budget and your market situation. In addition, you can save costs if you file your trademark application electronically.
If you are a small or medium-sized enterprise (SME), we can also advise you on funding opportunities.
As a trademark attorney, we also represent you in opposition proceedings, cancellation proceedings and infringement proceedings against third-party trademark rights before the German Patent and Trademark Office (DPMA), the EU Intellectual Property Office (EUIPO), the Federal Patent Court (BPatG) and the regional courts.
In-house seminars for marketing experts
For marketing experts we offer training on trademark law, especially on the protectability of names, logos, sounds or shapes, such as the 3D mark, on trademark law and on trademark strategy in relation to your competitors.
Avoid oppositions against your trademarks
Especially in the case of EU trademark applications, oppositions by third parties cannot be excluded. For you, an opposition involves an additional risk of losing the trademark at least partially. Did you know that you can significantly increase the hurdle for an opposition from a foreigner by choosing the language of proceedings to be in “German”? However, this requires a little trick, namely filing the trademark in a language that is not an official language (English, French, German, Italian or Spanish) of the EU IPO.
Use of the mark
The scope of protection of a trademark depends on the use of the trademark. We therefore recommend that you use your trademark in the registered form and document advertising measures and marketing expenditures. If you want to create several similar trademarks, it is often advisable to create a trademark series with one root element and several series elements.
Recognisability of products
Product pirates do not always imitate your product in identical form. Imitations are often associated with a well-known company or exploit the good reputation of a well-known product, but nevertheless, in the area of trademark law, there is no trademark infringement. In order to prevent this, you can design your products in a distinctive and typical way for your company and protect this form of appearance in addition to the product name with 3D marks, position marks or colour marks. In case of an emergency, this gives you more possibilities to proceed from a trademark infringement.
Classes of goods / services
Trade mark applications must contain a list of goods and services. In this list, the applicant specifies the products for which his trademark is to be protected. You can choose from goods and services from 45 different classes (Nice classes). However, it is important to indicate not only goods and services that you offer yourself, but also goods and services that are related or similar to what you offer.
As your trademark attorney, we will be happy to advise you. Simply contact us!