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Successfully

registering

Trademark protection begins with the registration of the trademark. Our team of experienced trademark experts will advise you on trademark registration and register trademarks for you worldwide.

Trademark registration

In a world where competition is becoming increasingly fierce and international, the protection of brand names, logos and other signs is crucial for the long-term success of a company. Trademark registration is the first and most important step in protecting your trademark and setting yourself apart from the competition in the long term. But why should you register a trademark and what advantages does this step offer? What can you register as a trademark? What costs are associated with a trademark application? What do I need to consider if I want to apply for a trademark and how does the trademark application process work?

Find out how you can benefit from a professional trademark application and why this step is the basis for your long-term success. Our service provides you with competent and comprehensive support – from consultation and examination to the successful registration of your trademark.

Advantages of a trademark application

Whether you are a start-up, a sole trader or an established company, a registered trademark offers numerous advantages. It legally protects your word mark, logo or other commercial designations such as colors, sounds and other trademark forms against imitation and unauthorized use by third parties. In addition to different forms of trademarks, there are also different types of trademarks, in addition to the usual individual trademark, these are collective and certification marks.

Trademark law grants the owner of a trademark a state-granted monopoly right to use it in the course of business. In addition, a successful trademark application strengthens the identity of your company. A registered trademark creates trust among customers, investors and business partners and increases the value of your company, products and services. By registering a trademark, you are not only investing in legal protection, but also in the long-term recognition value of your products and services. A trademark application also avoids the risk of third parties later registering the same or similar signs as trademarks and asserting claims against you.

In contrast to other property rights such as patents, utility models, designs, registered designs and copyrights, a trademark does not have a maximum term of protection, but can be renewed again and again every 10 years. There are numerous trademarks that are well over 100 years old.

What can you register as a trademark?

There are many types of trademarks that can be registered. For example, signs, words, letter combinations, numbers, illustrations, colors, sound sequences, three-dimensional designs (e.g. packaging or product shapes) and even motion or hologram marks can be registered as trademarks, provided they are capable of distinguishing the goods or services of one company from those of other companies. In order to be registrable, the trademark must be distinctive and there must be no absolute grounds for refusal, such as a purely descriptive indication or a likelihood of deception.

What does a trademark application cost?

The costs of a trademark application consist of the official fees and the costs for the lawyers commissioned with the application if you use their services. We offer registration in many countries at attractive all-inclusive prices so that the costs are transparent and calculable for you.

You can find an overview of all our flat rates for trademarks and designs in our price list for intellectual property rights (trademarks and designs).

Register trademark

6 steps,

that you observe

should!

Registering a trademark is an important step in legally protecting your company and your products or services. A trademark strengthens your market position and prevents third parties from using your commercial designation without permission. But registering a trademark requires careful preparation. Here are the six most important steps you should take to successfully register your trademark.

1. trademark strategy and scope of protection

Before you apply for a trademark, you should consider what type of trademark you want to protect for which goods and services and what the aim of the protection is.

2. examination of protectability

Not every sign name can be registered as a trademark. There must be no absolute grounds for refusal (e.g. lack of distinctiveness or descriptive indications).

3. research for existing laws

Before applying, a trademark search should be carried out to ensure that the desired trademark is not already used or protected by another company. A collision with existing trademarks can lead to contradictions or legal disputes.

4. prepare and submit the application

The trademark application requires careful preparation to ensure that the filing is successful.

Please note: The application and its content cannot be changed later, or only to a very limited extent. Goods and services can be deleted, but not added.

5. examination by the trademark office

After the application has been filed, the competent office examines the formal requirements and the absolute grounds for refusal. If the office sees no obstacles, the application is published. Third parties then have the opportunity to file an opposition against the trademark within three months of publication if they can assert earlier laws.

6 Registration and term of protection

If the trademark is successfully registered, the applicant receives a certificate of registration. The term of protection is initially 10 years and can be extended as often as required for a further 10 years.

Our expertise – your advantage


Our law firm has many years of experience in registering and managing trademark rights worldwide. We currently manage trademarks on every continent in over 110 countries for our clients. We therefore know the requirements for trademarks in Germany and abroad and have a very good international network of trademark experts to advise and represent you optimally in protecting your trademark rights anywhere in the world. Our team of trademark experts combines many years of experience and sound legal expertise with practice-oriented advice to achieve the best trademark protection for you. You benefit from:

  • Advice and analysis:
    We advise you on how, where and to what extent you should register your trademark and which registration makes sense and which does not.
  • Legal expertise:
    Regular training and an intensive exchange within our professional network ensure that we are always informed about the latest developments in trademark law.
  • Experience with trademark offices:
    Thanks to our many years of experience, we know the special features of the individual trademark offices and can therefore advise and represent you optimally.
  • International network:
    We have a strong international network and are involved in international trademark law organizations such as INTA and ECTA. We work together with trademark attorneys worldwide in order to be able to handle trademark applications worldwide.
  • Individual support:
    We provide you with individual support and develop customized solutions for your trademark application so that you receive the best possible protection.

Questions about trademark registration?

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FAQ

Questions about

Registration

of

Trademarks

What exactly is a trademark application and what is it for?

A trademark application is the official process by which a company or individual registers a sign (e.g. name, logo or image) with a national or international authority, such as the DPMA in Germany or the EUIPO in the EU. This gives you the exclusive law to use this sign for certain goods or services and protects it legally against imitation.

What steps are necessary for a trademark application?

The trademark application process typically comprises the following steps:

  • A comprehensive trademark search to avoid collisions.
  • The selection of suitable classes of goods and services.
  • The preparation and filing of the application for registration with the respective trademark office.
  • Payment of the registration fees.
  • Examination and publication by the trademark office.

How long does it take for my trademark to be registered after filing?

In most countries, the duration of a trademark application is usually three to six months, provided the Office does not raise any objections and no third parties file an opposition. However, the exact period may vary depending on the complexity of the case and the workload of the office.

When is a trademark registrable?

A trademark is generally registrable if there are no grounds for refusal. A distinction is made between absolute and relative grounds for refusal. Absolute grounds for refusal are obstacles that preclude registration from the outset, e.g. lack of distinctiveness. Relative grounds for refusal, on the other hand, are conflicting laws of third parties, e.g. older trademarks, which usually only come into effect if third parties assert them.

What are “absolute grounds for refusal” when applying for a trademark?

Absolute grounds for refusal are reasons for which a trademark may not be registered, regardless of whether earlier third-party laws exist. These include, in particular, a lack of distinctiveness, descriptive indications, terms that must be kept free, official signs, immorality, risk of deception and applications made in bad faith. The trademark office examines these ex officio.

What does distinctiveness mean?

Distinctiveness means that a trademark must be capable of distinguishing the goods or services of one company from those of other companies. A merely descriptive term or a common symbol is generally not distinctive.

When is a trademark considered “descriptive” and therefore not registrable?

A trademark is descriptive if it directly and unambiguously designates the characteristics, kind, quality, intended purpose, value, geographical origin or time of production of the goods or provision of the services. It depends on the specific goods and services. For example, “Apple” would be descriptive for fruit, but for computers and software it is one of the most valuable trademarks in the world.

How do I choose the right classes of goods and services for my trademark application?

Choosing the right classes of goods and services is a crucial step. You need to specify exactly the areas in which you will use your trademark. Too narrow a selection could limit protection, while too broad a selection could lead to higher costs and obstacles to protection. This requires legal expertise and strategic considerations.

Can I adjust my trademark application later?

Once the trademark has been registered, you can no longer adapt or change it in most countries. Where this is possible, e.g. in Switzerland, this will result in a new filing date from the date of the change. However, you can restrict the list of goods and services at any time, but you cannot extend it. If you want to protect additional goods or services under trademark law with the same trademark, you may have to apply for a new trademark. You should therefore think carefully about which goods and services you include in a trademark application.

Where should I register my trademark?

As trademarks are only ever protected in the territory in which they were registered, it is important to consider in which countries you want to register the trademark. If you are only active in one country for the time being, a national application is sufficient. If you operate in several countries or plan to do so in the near future, you should also register the trademark in these countries. In the case of EU member states, an EU application is already recommended if you are active in two countries. An EU application offers protection in all EU countries. The decision should be based on your current and future market strategy.

Our services

Customs seizure against product/brand piracy

We also combat cases of product and brand piracy for you throughout the EU by means of customs seizures during import and export and with law enforcement authorities.

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Trademark monitoring

We carry out trademark monitoring for your trademarks in all trademark registers worldwide at attractive all-inclusive prices.

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Trademark search

We carry out identity and similarity searches for trademarks in all trademark registers worldwide at attractive all-inclusive prices.

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Opposition Revocation Invalidity of a trademark

We represent you in trademark opposition proceedings, as well as proceedings concerning the revocation and invalidity of a trademark, e.g. due to non-use, absolute grounds for refusal or earlier laws.

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Advice on trademark law

We advise you on all questions of trademark law, from trademark strategy to registration, licensing and enforcement of trademark claims.

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Successfully combating trademark infringement

We defend your trademarks and commercial designations against infringements of your trademark rights. As experienced attorneys, we take action against infringers quickly and efficiently.

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