Trademarks symbolize values and relationships.
The value of a trademark is the financial result of an equasion, where the profitability of a trademark on the one hand is compared to the emotional connection of the people to the symbolic form of the trademark on the other hand.
Our world is governed by trademarks: Coca-Cola, Microsoft, IBM, Sony, Nokia, Disney, McDonald’s, Marlboro, Mercedes Benz, BMW, etc. influence our every-day life. In order to gain a certain value, trademarks must have a specific distinctiveness.
There are various types of trademarks.
The most well know and trademark type is the word mark. A word mark is the text only representation of the name of a company or product or service and can be comprised of one or more words, even a slogan or an abbreviation. Any graphic representation of the mark, independent of its font, size or graphic display is protected.
Another common type of trademark is the figurative/word mark which symbolizes the graphic display of a mark. The extent of protection of a figurative/word mark is mostly lesser than the one of a word mark alone, as the protection is designed specifically for the graphic display or symbol of the mark.
Therefore, we generally advise the registration of a word mark. Only if the word mark is absolutely barred from registration, filing for a figurative/word mark could create protection nonetheless.
Another, more rare type, is the sound mark, protecting melodies or sounds as trademarks (i.e. jingles). Soundmarks have to be displayed as sheet music.
Even trademarks that are merely color or smell are possible. With a color mark, only the color itself, without graphic constraints is being protected. As these color marks also have to be distinguishable in their specific class of products and services, only colors which already reached a high recognition can be protected (i.e. Telekom-Magenta, Milka-Purple and Nivea-Blue). An example for a trademark based on smell is the European Mark for the smell of cut grass for tennis balls.
The value of a trademark is the financial result of an equasion, where the profitability of a trademark on the one hand is compared to the emotional connection of the people to the symbolic form of the trademark on the other hand.
Our world is governed by trademarks: Coca-Cola, Microsoft, IBM, Sony, Nokia, Disney, McDonald’s, Marlboro, Mercedes Benz, BMW, etc. influence our every-day life. In order to gain a certain value, trademarks must have a specific distinctiveness.
There are various types of trademarks.
The most well know and trademark type is the word mark. A word mark is the text only representation of the name of a company or product or service and can be comprised of one or more words, even a slogan or an abbreviation. Any graphic representation of the mark, independent of its font, size or graphic display is protected.
Another common type of trademark is the figurative/word mark which symbolizes the graphic display of a mark. The extent of protection of a figurative/word mark is mostly lesser than the one of a word mark alone, as the protection is designed specifically for the graphic display or symbol of the mark.
Therefore, we generally advise the registration of a word mark. Only if the word mark is absolutely barred from registration, filing for a figurative/word mark could create protection nonetheless.
Another, more rare type, is the sound mark, protecting melodies or sounds as trademarks (i.e. jingles). Soundmarks have to be displayed as sheet music.
Even trademarks that are merely color or smell are possible. With a color mark, only the color itself, without graphic constraints is being protected. As these color marks also have to be distinguishable in their specific class of products and services, only colors which already reached a high recognition can be protected (i.e. Telekom-Magenta, Milka-Purple and Nivea-Blue). An example for a trademark based on smell is the European Mark for the smell of cut grass for tennis balls.
The field of "Trademark Law" is processed in our office by our qualified IP lawyer Sylvio Schiller . Tel: 030-2005072-0 | Email: Schiller@f-200.com
If you have further questions? Our above general remarks can not replace advice in individual cases. If you need legal advice or representation for your specific concern, just call or write us.
* Creating and protecting distinctive trade marks and brands
* Reviewing, consolidating and improving trade mark portfolios
* Auditing trade mark portfolios
* Conducting trade mark clearance and searching
* Advising on registration procedures and selecting a suitable trade mark
* Obtaining trade mark registrations worldwide
* Devising global trade mark filing strategies
* Enforcing and defending trade mark rights
* Assisting in domain name protection and challenges to unauthorised domains
* Assisting in due diligence on IP rights
* Providing infringement advice
* Prosecuting applications, appeals and oppositions
Our business law firm advises and represents clients in the areas of Intellectual Property Law, including but not limited to Trademark Law, Unfair Competition Law, Media Law, and Copyright Law. We also specialize in Corporate Law, Employment Law, Real Estate Law, Family Law and alternative dispute resolution in all of the above areas. In addition, we also established an efficient claims management practice for our clients.
[f200] ASG Lawyers | Friedrichstraße 200 | Germany 10117 Berlin | phone: +49 (0)30-2005072-0 | fax: +49 (0)30-200507210 | Email: office@f-200.com
If you have further questions? Our above general remarks can not replace advice in individual cases. If you need legal advice or representation for your specific concern, just call or write us.
* Creating and protecting distinctive trade marks and brands
* Reviewing, consolidating and improving trade mark portfolios
* Auditing trade mark portfolios
* Conducting trade mark clearance and searching
* Advising on registration procedures and selecting a suitable trade mark
* Obtaining trade mark registrations worldwide
* Devising global trade mark filing strategies
* Enforcing and defending trade mark rights
* Assisting in domain name protection and challenges to unauthorised domains
* Assisting in due diligence on IP rights
* Providing infringement advice
* Prosecuting applications, appeals and oppositions
Our business law firm advises and represents clients in the areas of Intellectual Property Law, including but not limited to Trademark Law, Unfair Competition Law, Media Law, and Copyright Law. We also specialize in Corporate Law, Employment Law, Real Estate Law, Family Law and alternative dispute resolution in all of the above areas. In addition, we also established an efficient claims management practice for our clients.
[f200] ASG Lawyers | Friedrichstraße 200 | Germany 10117 Berlin | phone: +49 (0)30-2005072-0 | fax: +49 (0)30-200507210 | Email: office@f-200.com
