Trademark Law

A trademark is a distinctive sign used by a legal entity to identify and distinguish this entity’s products and services from the products and services of another entity.
The law recognizes trademarks in the form of names, letters, numbers, words, phrases, logos, symbols, designs, images, or a combination of the above. Even marks based on color, smell or sound can be trademarked under certain circumstances.

Trademarks

A trademark is a distinctive sign used by a legal entity to identify and distinguish this entity’s products and services from the products and services of another entity. The law recognizes trademarks in the form of names, letters, numbers, words, phrases, logos, symbols, designs, images, or a combination of the above. Even marks based on color, smell or sound can be trademarked under certain circumstances.


Trademark Research

The registration of a trademark without a prior Trademark Research, one may infringe upon the previous rights of a third party. This entity may then claim damages and/or file for injunctive relief. In addition to these damages, such a conflict may also compel the owner to change the company name or product name (which may have been developed and/or advertised with great effort and cost) to not incur further damage. This can cause the owner great losses as the owner’s customers can not be sufficiently prepared for such a change.


Trademark Registration

Rights in relation to a trademark may be established through registration or are protected from unauthorized use through registration or through actual use if the goods or services occupy a highly significant position in the marketplace or gained notoriety. While it can be very difficult to prove the latter two during litigation, with a registered trademark the owner’s rights become apparent instantly.


Trademark Infringement

Every day, a great number of new trademarks are registered with the DPMA or the European Trademark Office (The Office of Harmonization for the Internal Market (OHIM)). In addition, new product names and company names are created and used without official registration.


Trademark opposition

The owner of an older trademark may appeal the registration of newer trademarks which pose the threat of confusion with the older mark. In this case, the newer mark may be a national, a European or international mark.


Trademark Monitoring

Upon successful registration of your trademark, the law grants you widespread rights to ensure the monopoly of your mark/ to prevent the unauthorized use of that trademark. You may now file suit against others who may use a similar mark for similar product or services.


Piracy of products

There is no legal definition for the term piracy of products or counterfeiting of products. Mostly it is defined as the commercial and criminal infringement of intellectual and industrial property, i.e. the targeted, massive and deliberate for-profit infringement of the rightful owner’s protected rights through registration as well as the rights protected by the laws against unfair competition.

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Trademarks
Trademark Research
Trademark Registration
Trademark Infringement
Trademark opposition
Trademark Monitoring
Piracy of products