Attorney at Law for Trademark Law in Saarbrücken

Request direct help from trademark attorney Anne-Kathrin Renz from Saarbrücken.

Trademark registration and trademark protection

A trademark serves to distinguish the goods and services of one company from those of a (competing) company. brand Trademarks can be protected in the form of a logo, a name, a company name, or a string of characters. Trademark law forms the legal basis for the protection of trademarks in commercial transactions. Trademark rights are also referred to as intellectual property.

Registering a trademark grants the owner monopoly rights. This is comparable to owning a physical object. The trademark owner can prohibit third parties from using their trademark for the registered goods and/or services in the course of trade. Effective trademark protection is therefore of central economic importance for every company.

The most common types of trademarks include:

wordmarks
Word/figurative marks
figurative marks
Sound marks and color marks

The owner of such a trademark can do whatever he wants with the trademark, use it, license it or sell it.

The trademark lawyer will initially assist you in reviewing your planned trademark application.

Above all, a careful examination of the trademark's registrability and conducting a trademark search are required. This is because the German Patent and Trademark Office (DPMA) does not, for example, examine whether the trademark infringes third-party intellectual property rights. Such grounds for refusal are also called relative grounds for refusal.

Summary:

A trademark lawyer checks:

The existence of absolute obstacles to protection
The conflict of relative barriers to protection

A trademark lawyer will advise you:

When searching for the appropriate brand type/brand strategy
When drawing up a list of goods and services
As part of comprehensive legal protection advice

Your own brand at a fixed price:

Click here for trademark registration at a fixed price

Defense against trademark warnings

Using someone else's trademark without authorization can quickly become expensive. In trademark disputes, the amount in controversy is rarely less than €50,000. This is often due to the significant economic interest in preserving the trademark. In such cases, the support of experienced trademark lawyers is crucial.

The primary enforcement objective is the injunctive relief. This is asserted out of court in the form of a warning letter. Warning letters are rarely announced in advance, and those receiving the warning letter are often offended. Not every warning letter is justified; those affected are usually unable to properly assess this themselves. Legal advice is therefore essential, as both the person receiving the warning letter and the person issuing the warning letter can make mistakes that can quickly become very costly.

Trademark warning – what is it?

The warning serves as an out-of-court enforcement of the injunction. This usually arises from Section 14, 15 Trademark Act. A variety of infringements are possible. For example, the infringement may involve advertising a product or selling a product.

The trademark owner alerts the infringer to the infringement with a cease-and-desist letter. They usually set a very short deadline, as trademark cases are generally urgent matters. They demand a cease-and-desist declaration, subject to penalty, and usually also provide information from the alleged infringer. They also demand legal fees and/or damages.

Anyone who receives a legitimate warning letter must bear the costs. Therefore, it's always important to carefully examine whether the warning letter was justified.

Action against trademark infringements

A trademark license agreement allows the transfer of usage rights. The trademark owner can thus allow others to use their trademark. The scope of the transferred rights should be precisely defined.

For example, the contract specifies:

Trademark owners/licensors and licensees
Information about the trademark, legal status, registration number, etc.
Protected goods and services, subject matter of the contract
License type (exclusive or simple)
Limitations of a spatial, temporal and content nature
Quality standards
License fees
Confidentiality clauses
And much more.

Here too, it is advisable to seek the assistance of a specialized trademark lawyer.

FAQs – Frequently Asked Questions about Trademark Registration

What is meant by trademark law?

Trademark law protects distinctive signs such as names, logos, or character sequences that differentiate the goods and services of one company from those of others. It is part of intellectual property law.

What is a brand and what purpose does it serve?

A trademark is a legally protected sign that uniquely identifies a company's products or services and protects them from imitation.

How does a trademark registration process work?

Trademark registration includes examining the trademark, selecting the appropriate trademark form, creating the list of goods and services, and submitting the application to the relevant trademark office.

Why should a trademark search be conducted before registration?

A trademark search is important to identify existing trademark rights of third parties and to avoid costly warnings or objections.

What types of brands are there?

The most common types of trademarks include word marks, figurative marks, word/figurative marks, and sound and color marks. Which trademark form is most suitable depends on the individual company.

What are the costs associated with trademark registration?

The costs depend on the scope of protection and the number of classes. In Germany, official fees for a trademark application start at around 300 euros.

What does trademark protection mean for companies?

Trademark protection grants the trademark owner an exclusive right of use and makes it possible to prohibit third parties from using the trademark in commerce.

What is a trademark infringement warning?

A trademark infringement warning is an out-of-court demand to cease trademark infringement. It is often associated with short deadlines and high costs.

When should a trademark lawyer be consulted?

A trademark lawyer should be consulted before registering a trademark to ensure that registrability, scope of protection and risks are legally sound.

What services does a law firm specializing in trademark law offer?

A law firm specializing in trademark law provides support with trademark registration, trademark research, defense against cease-and-desist letters, enforcement of trademark rights, and license and trademark agreements.