Protection as a trademark registration

Service Description

A trademark basically serves to identify the goods and/or services of a company. Protectable are signs which are suitable to distinguish goods and/or services of a company from those of other companies. These can be, for example, words, letters, numbers, illustrations, but also colors, movements, holograms, multimedia signs and sounds.

Trademark protection is obtained by registering a trademark in the register of the German Patent and Trademark Office (DPMA). To do this, you must apply for the trademark. However, trademark protection can also arise if a sign is used intensively in business transactions or is generally known. However, signs that lack any distinctive character or those that merely describe the goods or services in question (for example, the word "apples" for the product "fruit") are excluded from protection.

In addition to the classic individual trademark, there are two special trademark categories: The collective mark and the warranty mark.

  • In contrast to the classic trademark, which distinguishes goods and/or services from a particular company from those of other companies (individual trademark), a collective trademark indicates the origin of a product from an association. Accordingly, it is used by the members of the association. The owner of the collective trademark is the respective association with legal capacity.
  • Warranty marks are used to refer to certain properties of the goods/services that are independently guaranteed. They can also be used by several companies. Any natural or legal person can be the owner of the warranty mark. The prerequisite is that this person has not manufactured the goods himself/herself, traded in them or offered them as a service.

The respective conditions of use are laid down in a collective or certification mark statute.

All the above-mentioned types of trademarks can be registered as collective and certification marks. When you register a trademark, you acquire the exclusive right to use the trademark for the protected goods and services. You can sell or dispose of this trademark at any time or grant a right of use, a so-called trademark license, to your trademark.

A trademark can be renewed indefinitely. However, it will be deleted from the register if you stop paying the renewal fee, which is due after every 10 years.

If you want to apply for an IP right, you can do it yourself. However, you can also ask a patent attorney or attorney-at-law to help you. If you live outside Germany and have neither a registered office nor a place of business here, you must be represented by a lawyer or patent attorney admitted to practice in Germany.

Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

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