Trademark Law in Germany

Trademarks are of vital importance in the world of business, and can be of significant intangible value. They also convey a product’s quality and reputation to customers, strengthen trust, and create recognition value. This is why they are in particular need of protection.

The law firm Schlun & Elseven with offices in Aachen, Cologne and Düsseldorf can advise and represent clients in all trademark law issues in Germany, Europe, and the world. Our work in the area of trademark law includes, among other things, trademark registration, assessing whether a trademark is capable of being protected, protecting trademarks through warning letters, as well as responding to warning letters, and representing clients in injunction hearings and other court proceedings.


Expertise

A distinction is generally drawn between registered and planned trademarks. Successful registration of a trademark and the enforcement of rights resulting from this can be of crucial importance to a company. We will support and advise you on your particular legal position in Germany and Europe, both in and out of court.

Below, you can find a list of our trademark law services in Germany and Europe:

  • Trademark searches
  • Trademark registration
  • Trademark monitoring
  • Enforcing trademark rights
  • Declarations of discontinuance
  • Warning letters

Your trademark law contact in Germany and Europe

Lawyer for trademark law: Aykut Elseven
Contact

Your trademark is in good hands.

Schlun & Elseven supports your business comprehensively in enforcing and monitoring your trademark rights.

Wordmarks & Figurative Marks

Trademarks play a large part in our everyday lives. Products offered by well-known producers are more successful, are quickly recognised by customers, and are thus often of great value. Further, people tend to associate trademarks with a particular level of quality, or a reputation. Therefore, innovatively labelling your products does not only serve brand recognition, but also has an advertising function for a particular product. Trademarks are protected by the law of intellectual property to prevent other producers from using the name and labelling of a trademark for their own products. This useful step enables producers to market different products to potential customers exclusively under one brand, while using different associations.

Trademark Registration in Germany

This requires the registration of your trademark. Factually, registration itself is a simple process. However, on the legal level, many questions will often arise prior to this. Has a similar trademark already been registered? Am I still allowed to register my own trademark at all? What is the scope of trademark protection? We will answer any questions you may have about trademark law and will help secure your rights.

Trademark Protection in Germany Package

  • Assessing whether the trademark is capable of being protected

  • Effecting registration of the trademark at DPMA (German Patent and Trademark Office)

  • Reminders to extend your protection

  • Forwarding the brand certificate

  • Conflict review, search for identical and similar wordmarks and figurative marks

999,00 €

(plus 19% tax and DPMA fees)

Request fixed price now

Trademark Protection in Europe Package

  • Assessing whether the trademark is capable of being protected

  • Effecting registration of the trademark at EUIPO

  • Reminders to extend your protection

  • Forwarding the brand certificate

  • Conflict review, search for identical and similar wordmarks and figurative marks

3.500 €

(plus 19% tax and DPMA fees)

Request fixed price now

What is a Wordmark?

A wordmark can consist of words and letters, as well as numbers and other characters. Such a mark is protected in any form. This includes capitalisation or lack thereof and common spellings. Letters and numbers, as well as commonly used symbols and punctuation marks (such as “:,+,-,?,!“), count as “characters”.

Figurative Marks and Word and Figurative Marks

Characters that go beyond the scope of a wordmark are often classified as figurative or “word and figurative marks”. Wordmarks whose main feature is the visual design of the writing are also considered word and figurative marks. Relevant criteria are, for instance, whether the words are printed in bold or in italics, and their position in different lines or overall. Further, the writing in a word and figurative mark is not necessarily protected, as the visual design is the protected matter in this case. Figurative marks are images and elements which do not contain any elements of writing. These distinctions can be fluid. Trademark registration may, in some circumstances, not be possible or, due to a lack of protected elements, helpful. Our lawyers will advise you in all trademark law questions, in particular relating to trademark examination, protection, and registration.

Legal Basis of Trademark Law in Germany

Trademark law is a part of labelling law and therefore a subcategory of industrial property law. The German Trademarks Act forms the legal basis for trademark law, together with the Regulation on the Execution of the Trademark Law. The object of protection in trademark law – the trademark – has been given a legal definition in section 3(1) of the Trademarks Act. According to this, all characters (words, images, letters, numbers, sound signs, and three dimensional designs) can be protected as trademarks if they are suitable for drawing a distinction between the goods and services offered by one business from those offered by another. Trademark protection results in, first of all, an exclusive right of use, as well as a right to stop third parties from using the trademark without being entitled to do so.

International Team of Lawyers

The international team of lawyers at Schlun & Elseven can advise and represent individuals and companies with business fluency in the following languages: Arabic, German, English, French, Portuguese, Russian, Spanish, and Turkish.

Creation and Protection of a Trademark

Under section 4(1) of the Trademarks Act, a trademark comes into existence through its entry in the trademark registry. It is then protected by trademark law in accordance with the principle of priority, under which the trademark that has been registered first has priority vis-à-vis one that has been registered later. However, there can be certain obstacles to registering something as a trademark. Thus, under section 8 of the Trademarks Act, nothing can be protected as a trademark where an “absolute obstacle to protection” applies. This will be the case, for instance, where the material in question lacks the necessary distinctiveness, where a commonly used word is meant to be used as a trademark, or where the material cannot be expressed graphically. In addition, there are relative obstacles to protection, such as similarity to another trademark or priority taken by another trademark due to an earlier trademark registration. However, relative obstacles to protection have to be asserted in litigation. Where trademark law has been infringed, claims for an injunction or damages can be asserted via a warning letter. Further, there may even be a claim for destruction of the infringing material.

ONLINE ENQUIRY

Use our form below to set out your trademark law question. After receipt of your enquiry, we will give you a brief preliminary estimate on the basis of the facts as explained by you, and will send you a quotation. You can then decide whether or not you want to instruct us in your case. This service is free and without obligation.

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Locations & Contact


Office Hours

Mon. – Fr:
09:00 – 19:00 o’clock
24h Contact:
+49 211 882 84196
E-Mail: info@se-legal.de

Appointments only after
telephone arrangement.

Aachen

Schlun & Elseven Rechtsanwälte PartG
Von-Coels-Straße 214
52080 Aachen (Eilendorf)
Tel: +49 241 4757140
Fax: 0241 47571469

Cologne

Schlun & Elseven Rechtsanwälte PartG
Kyffhäuserstr. 45
50674 Köln
Tel: +49 221 93295960
Fax: 0221 932959669

Dusseldorf

Schlun & Elseven Rechtsanwälte PartG
Königsallee 60F
40212 Düsseldorf
Tel: +49 211 882 84196
Fax: 0221 932959669

Conference Rooms

Munich 80339
Theresienhöhe 28

Hamburg 20354
Neuer Wall 63

Berlin 10785
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