Brands

These differences make it clear that trademarks and designs cover different aspects of industrial property protection and each offer specific advantages. While trademarks focus on the distinctiveness and identity of goods and services, designs protect the aesthetic design and visual differentiation of products.

To obtain a trademark, the following criteria must be met:

1. Distinctiveness: the trademark must be capable of distinguishing the goods and/or services of one company from those of other companies.
2. No grounds for refusal: The trademark must not contain any descriptive or misleading information and must not be contrary to accepted principles of morality or public policy.

Important points before applying for a trademark

Before you register a trademark, you should consider the following steps:

1. Trademark search: check whether your trademark already exists in order to avoid conflicts with existing trademarks. The Office does not check for any existing earlier rights when you file your application. Our staff can assist you in a free initial consultation to search for existing trademark rights by introducing you to the relevant publicly accessible trademark registers and databases.
2. Definition of the list of goods and services: The application for a trademark at the German Patent and Trademark Office (DPMA) must contain a precise description of the trademark and the goods and services to be protected. We will be happy to introduce you to the Nice Classification in a free consultation and show you helpful databases for setting up your list of goods and services.
3. Costs and funding opportunities: Take into account the costs of registering and renewing the trademark. Find out about any funding opportunities for your trade mark application and search - our staff will also be happy to advise you on this.

If you want to protect your trademark in Germany, you can apply for it at the German Patent and Trade Mark Office (DPMA). The application can be filed in paper form or online via DPMAdirektWeb, which speeds up and simplifies the process. A national trade mark application offers protection for the entire Federal Republic of Germany and has an initial term of protection of ten years, which can be extended as often as required for a further ten years.

For comprehensive protection in all member states of the European Union, you can apply for a European Union trademark at the European Union Intellectual Property Office (EUIPO). The EU trademark offers uniform protection in all 27 EU member states and has an initial term of protection of ten years, which can be extended as often as you like for a further ten years at a time.

If you want to protect your trademark internationally, you can do so via the Madrid system of the World Intellectual Property Organization (WIPO). The prerequisite for international registration is that you already have a national or European basic trademark. The application for international registration is submitted to WIPO via the DPMA or the EUIPO. WIPO examines the application and enters the trademark in the international register, whereby you can specify the countries in which you would like protection. The trademark is then filed as an application for protection in the designated countries.

Marking a registered trademark with ®

If your trademark has been registered, you can use the ® symbol to indicate the legal protection of the trademark. In the American legal system, the indications "TM" (trade mark) and "SM" (service mark) are also used, which are used in commercial transactions for trademarks, even if they are not registered or cannot be protected.

Using trademark protection effectively

A registered trademark is more than just legal protection - it is a strategic instrument for the long-term positioning of your company on the market. To ensure that your trademark remains effective in the long term, the Bavarian Patent Center supports you with various services. Use these services not only to protect your trademark, but also to use it as a value and success factor:

• Trademark monitoring: Actively protect your trademark against imitation. By regularly monitoring trademark applications in relevant registers, potential conflicts can be identified at an early stage and measures can be taken in good time.
• Consulting and training: The Bavarian Patent Center offers individual consulting appointments as well as training on the topics of trademark searches and funding opportunities.

How can the Bavarian Patent Center assist with trademark applications?

The Bavarian Patent Center offers a wide range of services to support you with your trade mark application. Make an appointment now for your free initial consultation on the topics of trade mark searches, funding programs and initial advice for inventors or call us to find out more about our services.