How can I legally protect my brand?
January 15, 2022 | 80,00 EUR | answered by Renate Germer
Dear Sir or Madam,
I am Sandra Netz, the owner of a small business specializing in the production and sale of handmade jewelry. In recent years, my brand has become more and more well-known and I have noticed that other companies have started selling similar products under my brand name.
I am concerned that these imitators could damage my brand and am wondering how I can legally protect my brand. I want to ensure that no one can use my brand without my permission and that I can take legal action against any trademark infringements if necessary.
Can you please explain to me what steps I need to take to legally protect my brand? What types of intellectual property rights are available to me and how can I ensure that my brand is effectively protected?
I look forward to your expertise and thank you in advance for your support.
Sincerely,
Sandra Netz
Dear Mrs. Netz,
Thank you for your inquiry regarding the protection of your brand. It is understandable that you are concerned when other companies begin to sell similar products under your brand name. It is important to legally protect your brand to ensure that no one can use your brand without your permission.
To protect your brand legally, there are various steps you can take. First, you should check if your brand is already registered. If not, you should register your brand with the German Patent and Trademark Office (DPMA) or the European Union Intellectual Property Office (EUIPO). By registering your brand, you will have the exclusive right to use your brand for the goods and services you have registered.
Additionally, you can also protect your brand through other intellectual property rights such as design rights or copyright. Design rights protect the external appearance of your products, while copyright allows for the protection of creative works such as photographs, graphics, or texts.
To ensure that your brand is effectively protected, it is important to regularly monitor whether third parties are using your brand without permission. If you find that your brand is being infringed, you can take legal action against the infringers. In such cases, it is advisable to consult a specialized attorney in trademark law who can assist you in enforcing your rights.
I hope this information is helpful to you. If you have any further questions or need assistance with brand registration, I am at your disposal.
Sincerely,
Renate Germer
Attorney specializing in commercial law
