How can I protect my brand legally?
April 6, 2023 | 80,00 EUR | answered by Daniel Netz
Dear Attorney specializing in Business Law,
My name is Emma Halbscheffel and I have been running a successful start-up company in the fashion industry for some time now. My business is growing steadily and my brand is becoming more and more recognized. However, I am now concerned about protecting my brand and would like to legally secure it.
Currently, I have a registered trademark for my company name, but I have not taken any further steps to protect my brand as such. I understand the importance of protecting my brand from imitations and trademark infringement in order to ensure my long-term success. Therefore, I would like to know what options are available to legally secure my brand.
I am aware that there are various intellectual property rights such as trademark law, design law, and copyright law that I could consider. However, I lack the necessary expertise to understand and implement the legal steps. That is why I am reaching out to you for advice on how best to protect my brand.
Could you please explain to me what steps are necessary to legally secure my brand? Which intellectual property right is most suitable for my brand and how can I apply for it? Are there any international protection options that I should consider? I would greatly appreciate your assistance in legally securing my brand.
Thank you in advance for your support.
Sincerely,
Emma Halbscheffel
Dear Mrs. Halbscheffel,
Thank you for your inquiry regarding the protection of your brand for your fashion start-up company. It is very important to legally safeguard your intellectual property to prevent imitations and trademark infringements and ensure long-term success.
First of all, it is positive to hear that you already have a registered trademark for your company name. This is a good first step towards brand protection. Trademark law is indeed one of the most important protection rights for a brand. It protects your brand from being used by third parties for similar products or services. To further protect your brand, you should consider registering your brand as a figurative mark or word-image mark, if this has not already been done.
In addition to trademark law, design rights and copyright may also be relevant, depending on the type of products or designs you produce. Design rights protect the design of products, while copyright protects creative works such as designs, logos, or advertising texts.
To legally safeguard your brand, I recommend seeking advice from a specialized attorney in trademark law. They can assist you in developing the best strategy for protecting your brand and initiating the necessary steps. The attorney will also help you with the registration of your brand with the relevant trademark office and ensure that all necessary documents are submitted correctly.
Regarding international protection options, there is the possibility to also register your brand internationally. There are various international agreements such as the Madrid System, which allows you to protect your brand in different countries with just one application. Your attorney can help you take the appropriate steps for an international trademark registration.
I hope this information has been helpful to you. If you have any further questions or need professional assistance, please do not hesitate to contact me or a specialized attorney in trademark law.
Sincerely,
Daniel Netz
Attorney specializing in commercial law
