Can I also register a trademark on the names of products or services?
May 8, 2022 | 40,00 EUR | answered by Carsten Schlüter
Dear trademark lawyer,
I am Johann Hoffmann and have been successfully running my own business for several years. I have recently been considering whether it would be wise to register the name of my products and services as a trademark. So far, I have only registered my name as a company name, but I am unsure if this is sufficient to protect my trademark rights.
My products and services are becoming increasingly popular, and I want to ensure that I am adequately protected as the creator and owner of these trademarks. I have already done some research on trademark law, but have come across many different pieces of information that have left me feeling uncertain.
Could you please explain to me if it is possible to register the name of my products and services as a trademark? What benefits would such registration bring me, and how can I ensure that my trademark rights are fully protected? Are there any risks or pitfalls that I should be aware of when registering?
I look forward to your professional assessment and thank you in advance for your support.
Yours sincerely,
Johann Hoffmann
Dear Mr. Hoffmann,
Thank you for your inquiry regarding trademark law. I am pleased to hear that your company is successful and that you are considering registering the names of your products and services as trademarks. Registering a trademark can indeed be very beneficial in order to comprehensively protect your trademark rights.
First and foremost, it is important to understand that it is generally possible to register the names of your products and services as trademarks, as long as this name is distinctive and not already protected by another company as a trademark. Through trademark registration, you will obtain the sole right to use the name in business and to prohibit others from using this name without your permission.
The advantages of trademark registration are numerous. On one hand, it creates a high level of recognition for your products and services, which can positively impact your brand awareness. On the other hand, it strengthens your position in the market, as you can take action against imitators who try to profit from your reputation and performance. Additionally, you have the opportunity to enter into licensing agreements and market your brand strategically.
To ensure that your trademark rights are comprehensively protected, it is advisable to conduct a professional search to check if your mark is already being used by other companies or if there are similar marks that could lead to confusion. Furthermore, you should have the trademark registration carried out by a competent trademark attorney to ensure that all formal and substantive requirements are met.
In terms of potential risks or pitfalls in trademark registration, it is important to ensure that your mark is sufficiently distinctive and not descriptive of the products or services you offer. Additionally, you should make sure that your mark does not infringe on older rights to avoid legal disputes.
In conclusion, I would recommend that you familiarize yourself early on with trademark law and consider seeking professional advice to optimize the protection of your trademark rights. I am happy to assist you with any further questions and wish you success in registering your trademark.
Sincerely,
Carsten Schlüter
Trademark Attorney
