What options do I have to legally protect my brand?
February 17, 2022 | 70,00 EUR | answered by Renate Germer
Dear Business Lawyer,
My name is Günther Freudenberger and I am the owner of a small company specializing in the manufacturing and distribution of high-quality textiles. Over the past few years, we have invested a lot of time and effort in building our brand and have successfully established ourselves in the market. However, I am now concerned about protecting my brand and am wondering what options are available to legally secure it.
Currently, we have successfully registered our brand and use it on our products, in our online shop, and in our marketing communications. But with success comes the worry that our brand could be copied or misused. I want to ensure that no one uses our brand without authorization and damages our reputation.
My concerns mainly revolve around the fact that we have invested a significant amount of time and money in building our brand, and it is essential for us to protect it. I want to prevent third parties from benefiting from our success without putting in the necessary work.
Therefore, my specific question to you is: What options do I have to legally protect my brand? Are there specific rights I can apply for? How can I best proceed to effectively defend my brand and take action against unauthorized use?
Thank you in advance for your support and advice.
Sincerely,
Günther Freudenberger
Dear Mr. Freudenberger,
Thank you for your inquiry regarding the protection of your brand. It is understandable that you are concerned about protecting your brand, especially after all the work and success you have already achieved. I will now show you various ways in which you can legally secure your brand.
First of all, you have already taken an important step by successfully registering your brand. Through brand registration, you obtain the exclusive right to use your brand for the goods and services you have registered. This means that third parties may not use your brand without your consent. If someone still uses your brand unauthorized, you can take legal action to address this violation.
Furthermore, you may consider additional protection rights such as design rights or copyright to further secure your brand. Design rights protect the design of your products from imitations, while copyright protects creative works such as advertising texts, graphics, or photos. By combining different protection rights, you can comprehensively protect your brand from abuse.
To effectively defend your brand and take action against unauthorized use, it is important to regularly monitor the market and react quickly in cases of suspicion. For example, you can regularly search the internet for possible brand infringements or hire a monitoring agency to monitor the market for you. In case of a brand infringement, you should promptly consult a commercial lawyer who will assist you in enforcing your rights.
Finally, I recommend regularly reviewing your protection rights and adjusting them if necessary to ensure that your brand is optimally protected at all times. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Renate Germer, Business Lawyer
