You should pay attention to this when registering a trademark:

Are you planning to have your company, service, product etc. protected by a brand? Then you should (at least) work through the following checklist!

Stephan Hendel, LL.M.

Lawyer

Our checklist is intended to give you an overview of the most important points that you should consider when registering a trademark. However, it does not replace a legal exam.

Hardly any other area of law is as complex as trademark law. There is always a dispute, and with it new jurisprudence on the interpretation of property rights. It is all the more important that you leave nothing to chance from the start.

We distinguish primarily when registering a trademark Stage until registration of the brand and that Stage from registration of the brand. The following points should make this clear.

Should you have any questions about trademark law or competition law, our is at your disposal Attorney Stephen Hendel always available.

Until the registration of the brand:

Is a brand suitable for my purposes?
First of all, you should be clear about whether a registration mark fits your project at all. In many cases, your company, product etc. is already protected by copyrights or similar. adequately protected
Which trademark is the right one?
Since there are different types of register marks, you should be sure which type suits you. Here we have explained the most important trademarks for you with their advantages and disadvantages.
What should my brand look like?
If you are sure that the registration mark is the means of choice, you should now think about the mark as such. There are numerous things to consider here - so it is (also) an important consideration whether the domain is still free.
Can my trademark be registered?
It is imperative to make a forecast as to whether your brand can be registered at all. In particular, it must not contain any descriptive information.
Are there older trademark rights that conflict?
A trademark registration can fail, in particular, because older trademark rights stand in the way of a registration. This is also known as the priority principle.
How do I register a trademark?
After you have completed the checklist, you can now apply for the registration of your brand. The easiest way to do this is to go to Website of the German Patent and Trademark Office (DPMA).

From registration of the brand:

After the registration of the brand, the care of the brand comes! If you don't properly maintain your brand, it will sooner or later become worthless.

Enter resubmissions
The trademark is initially protected for 10 years from the filing date (note the deadline!). To maintain this protection, you must pay the renewal fee.
Wait for the opposition period
Before you start marketing your brand, you should definitely wait for the 3-month opposition period - this can still bring your brand down!
Regular monitoring
You should always keep an eye on the DPMA registry and potential competitors. If someone uses your trademark without authorization, you could and should warn you if necessary.
Filing an objection
If someone claims a similar trademark, you should file an objection within the 3-month objection period.
Serious use of the brand
Even if this point seems banal, it is one of the most important. You must actually use your brand. Document this by collecting invoices, advertising material, etc.

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You should pay attention to this when registering a trademark:

Until the registration of the brand:

From registration of the brand:

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