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Trademark law

Register a trademark

Before you register your brand name or logo as a trademark, you should first check whether it meets the formal requirements. The trademark application has a chance of success only if the strict registration requirements are met. Our trademark attorneys who specialize in trademark law carry out the relevant DPMA trademark registration.

You can register your mark as a trademark, whether you are doing so as an individual or as a company. However, it is relevant in which country you want your trademark to be protected. The trademark registration (Dresden, Chemnitz, Leipzig and Munich as well as other nationwide registrations) and their registration basically have the advantage that you can protect the value of your brand name and thus build up assets. At the same time, you protect yourself against competing brands and prevent brand piracy and fraud. Registering the trademark and thereby protecting the brand name should therefore be a focus in your business decision.

Dekorative Darstellung einer Glühbirne - Sinnbild einer Idee während der Patentanmeldung
Glühbirne als Symbol für Ideen
Weitere dekorative Darstellung einer Birne - Sinnbild einer Idee während der Patentanmeldung
Trademark law

Trademark Strategies

You can register your mark as a trademark, whether you are doing so as an individual or as a company. However, it is relevant in which country you want your trademark to be protected. Therefore, according to the four-tier system in the EU, you may be eligible for the following local filing strategies and thus protection strategies:

01.

Protection in a
EU member state

Protection in an EU member state à registration at the relevant national office for intellectual property (in Germany at the German Patent and Trademark Office, DPMA, for example).

02.

Protection in several
EU member states

Protection in several EU member states à registration of an EU trade mark (EUTM) at EUIPO.

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If you decide to register an EU trademark, this has significant advantages: The trademark application of a sign at the EUIPO takes place only once and in only one language. Secondly, the protection of an EU trademark, if successfully registered, extends to all current and future EU member states. The result is that you get an exclusive right to use your brand and enforce protection in a market of a good 500 million consumers in Europe. The term of protection is 10 years and then can be extended for 10 years as often as desired. The costs of registering the EU trademark (UM) remain within reasonable limits for you as the owner of the trademark.

03.

Protection in Belgium,
Netherlands, Luxembourg

Protection in Belgium, the Netherlands and Luxembourg à registration with Benelux Intellectual Property Office BOIP.

04.

International
Trademark Protection

The protection of an existing trademark is to be extended internationally (international procedure) à Application depending on the intended extension, i.e. national (DPMA), regional(Benelux Office for Intellectual Property), EU-wide(EUIPO) or international, e.g. to the USA (WIPO).

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If you have already applied for or registered a trademark in another country in the world, it is also possible to apply for an EU trademark (UM). To do this, you can file with the International Bureau of the World Intellectual Property Organization(WIPO) and select the option "international registration (IR)" with designation of the EU.

Trademark law

Trademark Application Strategy

If you want to protect your sign and register a trademark, this should be well planned. The reason is not only that there may be trademark collisions with already registered trademarks or property rights, that your trademark does not have the scope of protection you envision, or that the trademark application is rejected by the respective office and fees already paid will not be refunded.

A good branding strategy not only includes the design and type of the sign that you want to register, but also the local scope of protection (see above) and the goods and services that match the brand.

white ip | Patent & Legal sees itself as your specialized attorney for trademark law in the national as well as international area and furthermore serves clients as a trademark attorney in Dresden, Munich, Berlin and Leipzig.

white ip | Patent & Legal

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Trademark law

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