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You have a successful business idea and want to protect your product or service from misuse by third parties? Then there is no way around a trademark application in Europe. A registered trademark not only stands for the image of your company, it is also protected. But the process is complex – at least without a competent partner.

With more than 1,100 trademark applications in 2020 and over 1,600 trademark applications in 2021, Recht 24/7 is the law firm with the most trademark applications at the German Patent and Trademark Office (DPMA) throughout Germany. Our professional expertise is correspondingly comprehensive. In this article, you will find out which advantages a trademark application by a lawyer offers you, why a trademark search makes sense and which services are included in the Recht 24/7 trademark application.

Trademark law: Why a trademark application is important

Have you ever wondered why you should apply for a trademark in Europe in the first place? The answer is simple: trademark protection does not exist by law – it only exists once a trademark has been applied for. If you fail to do so, a competitor may steal your logo or company name. Only as a trademark owner can you prevent competitors from imitating and using your trademark.

We are at your side with help and advice. From the selection of the right trademark form to the communication with the trademark office to the immediate trademark application. Around the clock – at a fair fixed price.

You want to register a German trademark? Start here by submitting your data.

You want to apply for an EU trademark? Start here!

Filing a trademark application with a lawyer or do it yourself?

It is possible to file a trademark application as a private person or as an entrepreneur. There is no obligation to hire a lawyer in Germany. But: There is a risk that the registration will be delayed. For example, because the DPMA objects to things that you subsequently have to remedy. Our attorneys are very familiar with the specifics of German trademark law and know which issues the DPMA staff will review and evaluate.

Furthermore, filing a trademark application without a lawyer can lead to a legal dispute – with owners of identical or similar, already existing trademarks. This can happen even years later, when your trademark is already established with customers and in the market. The DPMA does not check whether similar trademarks already exist. If you apply for a trademark that already exists in this or a similar form, you run the risk of an opposition and a warning. This can quickly result in additional costs of several thousand euros and the loss of the trademark.

If you decide to apply for a trademark, our attorneys will check all relevant facts in advance. This also applies if you want to apply for an EU trademark at the European Union Intellectual Property Office (EUIPO). With around 500 successful EUIPO trademark applications in 2020 and 2021, Recht 24/7 is one of the most renowned contacts in this field.

Why is the trademark search useful for filing a trademark application?

The application for a trademark can always lead to the infringement of an older, already registered trademark. This has consequences. If the owner takes legal or extra-judicial action against the trademark infringement, costs will be incurred. Under certain circumstances, you may be required to pay damages or to surrender profits. You also have to find a new brand name for your company. This can be avoided by conducting a trademark search. A comprehensive trademark search is already included in the price of a trademark application by Recht 24/7. We check, whether in the:

  • Register of the German Patent and Trademark Office (DPMA) and
  • European Trademark Register (EUIPO)

identical or similar trademarks are registered. For this purpose we use the currently leading search tools (e.g. Trademark Now / CorSearch). Afterwards you will receive a detailed report from us. This way, you know whether similar or identical trademarks exist before you apply for a trademark. Based on the results, we will advise you in detail on how to proceed.

What is the difference between a word mark, a word/figurative mark and a figurative mark?

Our attorneys check whether the trademark you wish to register is protectable and registrable. Protectable are signs that are suitable to distinguish goods and/or services from market competitors. These can be, among others:

  • Words
  • letters
  • or graphics

When filing an application, a distinction must be made between word marks, figurative marks and word/figurative marks.

The word mark

Word marks are marks consisting of letters, numbers or other written characters. Trademark protection includes all common forms of reproduction, in particular upper and lower case letters and alternation between common typefaces. With a word mark, you can prohibit third parties from using a similar or identical designation for registered goods or services.

The figurative mark

The contrast to the word mark is the figurative mark. It consists exclusively of graphic elements – without letters and numbers. In contrast to the word mark, it is possible to protect the specific graphic representation (for example, a certain color tone) with a figurative mark.

The word/figurative mark

A word/figurative mark protects two components simultaneously for common use:

  • a character string or word combination and
  • a graphic representation.

An important advantage of a word/figurative mark is that it can be applied for even if registration of the word component would not be possible on its own. For example, due to lack of distinctiveness.

You have questions? As part of our trademark application service, we will advise you in detail about the right trademark form for your company.

Trust is good, control is better – Recht 24/7 trademark monitoring

The protection of your trademark has top priority for you as the trademark owner after the trademark application. But you can only pursue trademark infringements if you detect them. As mentioned above, trademark offices do not check whether new trademarks infringe already registered trademarks. Theoretically, a third party can register your trademark without you knowing about it. According to § 42 Trademark Act (MarkenG), an opposition is only possible within 3 months after publication of the trademark registration. If you let this period expire, the trademark can only be removed by an action for cancellation.

We recommend that you book Recht 24/7 trademark monitoring. On a weekly basis, we check all relevant registers and databases for new applications. These include:

  • DPMA
  • WIPO

If a third party applies for a similar or identical trademark, you will receive a report from us immediately. In addition, we will recommend whether and how you should take action against the trademark infringement.

Trademark registration with Recht 24/7: The most important facts in brief

  • Registering a trademark protects it from misuse by third parties
  • Only as the owner of a registered trademark do you enjoy the exclusive trademark rights
  • With over 2,700 DMPA trademark applications in 2020 and 2021, Recht 24/7 has extensive expertise in this area
  • A prior trademark search by a competent attorney is highly recommended
  • Recht 24/7 Trademark Filing assists you with all the necessary procedures. From search to examination to registration
  • We register word marks, figurative marks and word/figurative marks. At the DPMA and EUIPO.
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