Trademark application and trademark registration
Trademark application and registration by an experienced trademark lawyer
Have you developed a new product or founded a startup? Then you should consider registering a trademark early on. Trademark protection is a crucial step for the long-term success of your company and protects your corporate identity.
A trademark is a legally protected mark that distinguishes your goods or services from those of other providers—the so-called origin function of the trademark. With a registered trademark, you increase recognition, position yourself clearly in the market, and lay the foundation for a strong, positive brand image.
Why registering a trademark is worthwhile: By registering your trademark with the German Patent and Trademark Office (DPMA) or the European Union Intellectual Property Office (EUIPO), you secure exclusive rights of use. This creates the foundation for brand loyalty, trademark protection, and defenses against product piracy or trademark infringement.
Common problems with trademark registration – What you should pay attention to
The registration of a trademark with the German Patent and Trademark Office (DPMA) is not automatic. Every trademark application is carefully examined and may be rejected if so-called absolute grounds for refusal exist.
These include, among others:
- Lack of distinctive character of the mark
- Descriptive information that must be kept free
- Misleading brand components
- Included national emblems or official inspection marks
- Violations of morality or public order
Important: The German Patent and Trademark Office (DPMA) does not check whether identical or similar-sounding trademarks already exist. Without a prior trademark search, you risk costly opposition proceedings or warnings for trademark infringement.
As an experienced trademark attorney, I provide comprehensive support in legally compliant trademark registration – including trademark research, checking for grounds for refusal, and protecting your trademark against third parties.
Avoid costly mistakes – have your trademark professionally reviewed before registering. Contact us now for a free, no-obligation consultation.
Trademark monitoring and brand management – ensuring protection after registration
Even after your trademark has been successfully registered, ongoing protection is crucial. Conflicts with younger trademarks or third-party trademarks can arise at any time. Professional trademark monitoring helps identify potential conflicts early and take action promptly.
I will take care of ongoing brand monitoring for you – reliably and at a fair annual flat rate.
Furthermore, actively maintaining your brand is essential. Due to the mandatory use requirement under trademark law, you otherwise risk your trademark being classified as purely descriptive and thus becoming subject to cancellation. Prevent descriptive use by third parties and protect the long-term economic value of your brand.
Secure your trademark rights sustainably – have your brand professionally monitored and maintained. Request a consultation now!
Trademark registration in 3 steps – How to legally protect your trademark
Under German trademark law, there are various ways to obtain trademark protection. However, the most effective and secure way is to apply for and register a trademark with the German Patent and Trademark Office (DPMA).
Trademark protection can arise in three ways:
- By using a sign in commercial transactions (Section 4 No. 2 of the Trademark Act)
- Through notoriety (Section 4 No. 3 Trademark Act)
- By applying and registering with the DPMA (Section 4 No. 1 Trademark Act)
Although an official trademark registration is not mandatory, it is the simplest and most legally secure method. Alternative forms of protection, such as notoriety, require complex proof of common usage – which can be costly and risky.
Trademark registration can be filed nationally with the German Patent and Trademark Office (DPMA), across Europe with the EUIPO, or internationally through WIPO. However, three steps are crucial for successful registration:
- Trademark research – avoid collisions
Before registering, you should check whether identical or similar trademarks have already been registered. Because existing, older trademarks have priority. A comprehensive search—for identical and similar-sounding trademarks—is therefore essential to avoid subsequent warnings or cancellation proceedings. - Checking eligibility for registration – identifying legal hurdles early
Not every trademark is eligible for registration. The Trademark Office rejects trademarks if, for example, they lack distinctive character, are misleading, or are descriptive. A legal review prior to registration protects you from unnecessary rejections and costs. - Creating the list of goods and services – strategic planning
In your trademark application, you must specify exactly which products or services the trademark should be protected for. These are divided into different classes based on the Nice Classification. Selecting the right classes is crucial – both for the scope of protection and the registration costs.
Would you like to have your trademark professionally registered and legally protected? I will reliably guide you through the entire registration process – from research to successful registration.
Contact us now without obligation and get advice!
Trademark monitoring and brand management – ensuring protection after registration
Even after your trademark has been successfully registered, ongoing protection is crucial. Conflicts with younger trademarks or third-party trademarks can arise at any time. Professional trademark monitoring helps identify potential conflicts early and take action promptly.
I will take care of ongoing brand monitoring for you – reliably and at a fair annual flat rate.
Furthermore, actively maintaining your trademark is essential. Due to the mandatory use requirement under trademark law, you otherwise risk your trademark being classified as purely descriptive and thus becoming subject to cancellation. Prevent descriptive use by third parties and protect the long-term economic value of your trademark.
Secure your trademark rights sustainably – have your brand professionally monitored and maintained. Request a consultation now!
Legal support for trademark registration – legally secure from the start
Would you like to register and legally protect a trademark? As a specialized trademark attorney, I will guide you through every step – from initial strategic consultation to successful registration and beyond. With in-depth expertise in intellectual property law, I will ensure that your brand is protected for the long term and positioned with legal certainty.
My trademark services at a glance:
- Individual advice on brand strategy: I will help you select a suitable brand name and develop a customized registration strategy with you.
- Checking the protectability of your trademark: I will clarify whether your mark has the necessary distinctive character and whether there are any grounds for refusal.
- Trademark searches at the DPMA, EUIPO and WIPO: To avoid conflicts with existing trademarks, I conduct comprehensive identity and similarity searches.
- Creation of a tailor-made list of goods and services according to the Nice Classification.
- Formulation and filing of the trademark application: I will handle all correspondence with the trademark office and accompany you until you receive the trademark certificate.
- Objection procedure: I will represent you legally if third parties file an opposition against your trademark – or if you wish to take legal action against a younger trademark.
- Enforce trademark protection: I will help you defend your trademark both in and out of court – for example, through cease-and-desist letters, contractual penalties, injunctions, or lawsuits.
Your advantage: legal clarity, financial security, and professional brand management. Get expert support with your trademark registration – nationally, Europe-wide, or internationally.
About the author
Anne-Kathrin Renz
Anne-Kathrin Renz is a lawyer, data protection officer, and lecturer. She completed the theoretical part of her specialist lawyer training in intellectual property law and IT law. In her blog, she reports on current topics from the digital world of law.
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