Trademark Registration for a Fixed Fee

Register a Trademark – all the Practical Information you need at a Glance

Registering a trademark may seem simple, but there are many important points to consider. Most importantly, trademark offices do not search for older trademarks or company names, so it is possible to unknowingly infringe on an existing trademark. Furthermore, even after the opposition period has expired, your trademark application can still be challenged in court without any time limit. This means that if a trademark application is not filed professionally, you can expect expensive warnings with a minimum value of EUR 50,000.

It is therefore advisable to hire a specialized attorney to guide you through the process and ensure that all necessary steps have been taken. With their expertise and knowledge of intellectual property law, they can help protect your rights and ensure that your trademark application goes as smoothly as possible.

Trademark registration: Save money by registering yourself?

Filing a trademark application yourself can be a tempting way to save money. Importantly, the rejection rate for private applications is much higher than for those filed by professional trademark attorneys. This means that not only have you wasted your time and effort, but you have also lost the registration fees without any compensation.

The German Patent and Trademark Office (DPMA) and the European Patent Office (EUIPO) do not check whether an application conflicts with older trademarks or company rights, so it is up to you to ensure that your proposed trademark does not infringe existing rights. In addition, many individual applicants fail to pay all required official fees, resulting in the rejection of their applications.

Above all, an identity and similarity search requires specialized software that is not available to the layman:

Trademark registration: research is very important!

It is important to do research before registering a trademark in order to reduce the risks involved. A trademark identity search and a company name identity search can be used to determine whether an identical trademark or company name already exists in the same industry, which could stand in the way of a trademark registration. The Patent and Trademark Office does not check this after receiving your trademark application. Preliminary searches can save you time and money by preventing you from investing in a trademark that has to be cancelled or that creates a costly trademark conflict.

Only a professional search can ensure that the application has a higher chance of success. It is also important to consider potential conflicts with existing trademarks or company names, as this could lead to legal problems down the road.

Register a Trademark Online – What a Trademark Registration Brings

Trademark registration is an important step for any company that wants to protect its brand and identity and add value to its business. A trademark application legally protects your logo, product name, or company name from loss, dilution, or misuse. This means you can take legal action against anyone who tries to use your trademark without permission. This can prevent expensive litigation, immense follow-up costs, and loss of identity.

In addition to the legal protection that a trademark application provides, it also serves to differentiate your products and services from those of your competitors. It helps customers recognize your brand and builds confidence in the quality of your products or services. Most importantly, trademark registration increases the value of your business by giving potential investors confidence in the long-term prospects of your company.

Trademark Registration: Eligible Trademarks

Trademark registration is a real way to protect the unique identity of a product or service. It allows companies to differentiate their products from those of their competitors and helps customers easily identify them.

Typically, a trademark is registered as a word mark, a figurative mark, or a combination of both.

However, not every term can be registered and permitted: Numbers, letters, graphics, colors and shapes can be registered as trademarks. For example, if a company has developed a new and completely unique color for its product, it can trademark that color. Similarly, special bottles for beverages or special packaging materials can be protected with shape marks. Sound marks are also possible, allowing companies to trademark melodies so that they cannot be copied by competitors.

Non-registrable trademark application: Lack of distinctiveness

When choosing a trademark name, distinctiveness is key. Generic terms such as “office chair” or “pasta” are not good brand names because they lack the distinctiveness required for trademark protection. Even very general terms such as “fast” or “cheap,” which are often used in advertising, do not have enough distinctiveness to be protected as a trademark.

In order to be legally protected, a trademark name must be distinctive. This means that the name must be unique and not too similar to other existing names in the same industry. It should also not be generic, meaning that it could refer to any product in the category. By ensuring that the name you choose is sufficiently distinctive for your brand, your company can protect its brand identity and ensure that your customers know exactly who they are buying from.

Misleading labels

Deceptive labeling is a common problem in the consumer marketplace. These labels are used to mislead consumers into believing that a product is of higher quality or origin than it actually is. For example, the brand name “Sachsenbräu” suggests that the product comes from Saxony, when in fact it is produced in Saarland. This type of deceptive labeling can be extremely damaging to both consumers and businesses. Consumers may buy a product under false pretenses, while businesses may lose sales due to misleading branding.

To protect consumers, companies must adhere to strict trademark registration guidelines when using brand names. In addition, the company must ensure that any claims made about the trademark are accurate and not misleading in any way.

Clearance requirements and generic terms

The concept of free use and generic terms is an important part of trademark protection. Components such as generic terms and categories should not be monopolized by a single company. These components usually refer to entire groups of goods, so they can be freely used by anyone.

The Trademark Office decides on a case-by-case basis whether there is a need to keep them free: For example, the applications for the word marks “WM 2016” and “Diesel” were rejected because of their generic character and possible interference with free use by competitors. It is important to note that these decisions are made on a case-by-case basis. Therefore, it is always best to consult with an experienced attorney before attempting to register a trademark.

Not registrable: Brand name already taken

When choosing a trademark, it’s also important to make sure that your desired company name is still available. To do this, you should consult all available trademark registers in your area of business and find out whether similar or identical names are already protected. It is also important to check the commercial register, as companies can be registered there without having applied for trademark protection. To avoid conflicts, either choose a different name or register it as a trademark before the competition does.

As mentioned above: The Trademark Office does not check the newly filed trademark – therefore, without prior trademark research, existing trademarks can easily be infringed. The result is a warning or an objection from the existing trademark when the owner learns of the new registration. In professionally managed companies, this is done through trademark monitoring.

Register a trademark: The Nice Classification

The Nice Classification is the system used by patent offices to classify and catalog trademark applications. It consists of 45 classes divided into 34 classes of goods and 11 classes of services. This classification system is used to identify the type of goods or services to which a trademark applies and makes it easier for companies to protect their intellectual property.

When registering a trademark with the DPMA or EUIPO, class fees may apply in addition to the basic registration fees. At the DPMA, three classes are included in the basic fee, and from the fourth class, a fee of EUR 100.00 is charged for each additional class. The basic fee for the registration of a trademark at the EUIPO is EUR 850.00. This price includes the registration of one class.

Trademark applications without trademark searches?

Trademark applications are filed without trademark searches for economic reasons. Anyone can do a simple search for identical signs on the Internet and the trademark register of the DPMA is accessible to everyone. However, it is much more difficult to search for similar trademarks, company entries in the commercial register and signs acquired by mere use, such as titles of works. It is not possible for the layman to assess the risk of collision, especially if earlier trademarks are registered for other goods and services than those provided for in the trademark application.

A professional trademark search is necessary to identify potential risks associated with a trademark application. A collision can occur between goods and services, for example between “clothing” (class 25) and “retail services with clothing” (class 35). Therefore, it is important to conduct thorough research before filing to avoid potential problems.

Opposition to a trademark application

When a trademark application is refused by the Trademark Office on absolute grounds, such as lack of distinctiveness, it is important for the applicant to carefully consider the Office’s arguments. In many cases, it is advantageous to file an opposition to contest the decision. Objections often have a chance of success in the event of a later escalation before the courts.

This is another reason why it is important to be represented by an experienced attorney when registering a trademark who can advise you on how best to respond to an opposition from the Trademark Office. An attorney can also help determine whether there are legal grounds to contest an opposition and, if so, file an opposition. Responding to an opposition can help protect a trademark applicant’s rights and ensure that the application still has a chance of being registered.