Can I protect my brand without registration?
August 7, 2023 | 40,00 EUR | answered by Ingo Hausdorf
Dear Sir or Madam,
I have a question regarding trademark law and I hope you can help me. My name is Karl Ullmann and I have been running a small company that produces and sells fashion accessories for several years. In the past few months, I have invested a lot of time and money in developing a new logo and design to differentiate my products from the competition.
Now I am wondering if it is possible to protect my brand without an official registration. Currently, I have not yet filed for a trademark registration as I am unsure if it is really necessary. I am concerned that other companies may copy my logo and I would not be able to take legal action against them.
Could you please explain to me if and how I can protect my brand without registration? Are there alternative ways to secure my intellectual property? Or is an official trademark registration absolutely necessary to assert my rights?
I would be very grateful if you could provide me with your assessment and possible solutions to this issue. Thank you in advance for your help.
Sincerely,
Karl Ullmann
Dear Mr. Ullmann,
Thank you for your inquiry regarding trademark law. It is understandable that you are concerned about the security of your brand and are looking for ways to protect it, even without an official registration. I will now explain in detail the alternatives available to secure your intellectual property.
In general, it is possible to protect your brand without an official registration, but this protection is often more difficult to enforce in practice. Without a trademark registration, you have the option to rely on what is known as "sign law." This means that the protection of your brand is built through the use and recognition of the logo or design. The more well-known and unique your logo is, the better you can defend against unauthorized use by third parties.
However, it is important to note that the protection provided by sign law is significantly weaker than that of a registered trademark. With a trademark registration, you receive exclusive rights to use your brand, allowing you to take action against anyone who uses your brand without your permission. Additionally, your brand is recorded in the trademark registry, making it visible to everyone and facilitating the enforcement of your rights.
Therefore, an official trademark registration is recommended to strengthen your protection and effectively safeguard your brand from imitation. When registering a trademark, make sure that your logo or design is distinctive enough and does not pose a risk of confusion with existing brands.
In summary, an official trademark registration is the safest and most effective method to protect your brand. Alternatively, you can rely on sign law to obtain some level of protection, but it is not as comprehensive as with a registered trademark.
I hope this information is helpful to you and I am available for further questions.
Best regards,
Ingo Hausdorf
Trademark Attorney
