Consultation services with respect to german trademark law
Trade marks identify products and services of an enterprise. They stand for the quality of an enterprise and are part of the company’s intellectual property, just like patents. A strong trade mark is a valuable asset.
Anyone can file a trade mark. Trade mark protection is available for words, letters, numbers, pictures, and even colours and sounds. Create a unique sign! Otherwise your application might be refused.
What is a trade mark?
Trade marks identify the goods and services of particular traders. Signs that are suitable for distinguishing products or services of a particular enterprise from that of other companies are eligible for trade mark protection. These signs may consist of words, letters, numbers, pictures, or even colours or sounds.
Trade mark protection in Germany arises from the entry in the register of the German Patent and Trade Mark Office and is subject to a prior application. Trade mark protection may also arise from due to intensive use of a sign in the in course of trade or from the fact that a sign is well-known.
Registration of a trade mark confers to its owner the exclusive right to use the trade mark in relation to the protected goods and/or services. Trade mark owners can sell and assign their trade marks anytime. The owner of a trade mark can grant others a right of use of the trade mark (trade mark licence).
A trade mark can be renewed indefinitely and last forever. If the renewal fee is not paid every ten years, the registration will be cancelled.