All about trademark law - for you in Cologne
Trademark registrations and trademark protection are a core competence of the law firm Rheinpatent Kodron & Mackert GbR and we look after a large number of trademarks as German trademark registrations, European trademarks or international trademark registrations.
Brands, be it the name of a fashion label on a shirt collar or a logo on a product, are individual trademarks that can be assigned to almost any commercial product. Companies often use catchy short forms of their name as a brand in order to be more easily recognized in traffic. Registration in the national trademark office is indicated by the symbol “R in a circle”.
Brands convey to consumers a promise of quality for products or services from a particular company. The individual brand allows customers to differentiate offers from competitors. Creating brands is crucial to retain customers, influence purchasing decisions and establish a positive image for products and services. Brands are considered significant and enduring intangible assets of companies.
In order to successfully take legal action against imitators of your own brand, entry in the German, European or foreign trademark register is crucial. Trademark protection is based on existing trademark laws. According to Section 14 (2) Trademark Act in Germany, you have the right to prohibit third parties from using an identical or confusingly similar mark for identical or similar goods or services if it is similar to your registered trademark.
Registration of the trademark in the trademark register of a national/regional trademark authority is essential to ensure a secure and long-term market presence for your products and services. A registered trademark can also be sold and licensed, which creates trust among customers and investors.
According to Section 3 (1) of the German Trademark Act, it is possible to register various symbols such as words, word sequences, images, word-image combinations (logos) and other forms as trademarks. However, not every registered trademark is actually registered.
We therefore recommend careful preliminary trademark research to clarify important questions:
- What is the registration practice for comparable trademarks?
- Has the desired license plate been rejected before?
In particular, labels that consist of descriptive information, highly promotional terms or slogans are often objected to by trademark inspection authorities. If there is a “lack of distinctiveness”, it is important to present good arguments in order to convince the authority of the protection.
There is no refund of filing fees in the event of an official rejection, so careful preparation is crucial. If you have received a notice of objection, we will help you develop a strategy to overcome concerns about your trademark's protectability.
Before using a new label on the market for the first time, it is advisable to carry out a preliminary trademark search to check whether the desired term is already registered as a registered trademark. The website of the German Patent and Trademark Office (dpma.de) offers the opportunity to search for existing trademarks yourself in order to avoid costly warnings or opposition proceedings.
Nevertheless, we recommend a comprehensive trademark search by our law firm, which includes not only identity checks but also examinations for confusingly similar trademarks. With our experience in trademark law, we optimally protect your brand presence, which can prevent potential annoyances and costs.
Our thorough brand research is tailored to your brand, cost-effective and provides a comprehensive assessment.
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