Can I register my company name as a trademark?
April 18, 2023 | 45,00 EUR | answered by Helma Krause
Dear trademark lawyer,
My name is Hildegard Tressel and I am the owner of a small business specializing in the production and distribution of handmade jewelry. Over the past few years, we have established a reputation in the industry and our products are becoming increasingly popular with our customers.
I would like to register my company name as a trademark to legally protect it and prevent imitations by competitors. It is important to me that my name and the associated image are protected from unauthorized use and that I can actively defend my brand.
My concern is that there may already be similar trademarks or company names that could hinder my registration. I want to ensure that I do not infringe on any third-party rights and that I can successfully register my trademark. Additionally, I am wondering if there are specific requirements that I need to meet in order to protect my company name as a trademark.
Could you please assist me and let me know if it is possible to register my company name as a trademark? Are there any potential obstacles that I should be aware of? And what steps do I need to take to successfully protect my brand?
Thank you in advance for your support and expertise.
Best regards,
Hildegard Tressel
Dear Mrs. Tressel,
Thank you for your inquiry regarding registering your company name as a trademark. It is understandable that you want to protect your intellectual property to guard against imitations by competitors and successfully position your company and products in the market.
In order to register your company name as a trademark, certain requirements must be met. Firstly, it should be checked whether your name is already registered as a trademark or if similar trademarks exist that could potentially obstruct your registration. It is important that your trademark is distinct and sufficiently different from existing trademarks to avoid confusion.
To ensure that your trademark is registrable, I recommend conducting a trademark search. This will determine if similar trademarks already exist and if there are any possible clashes with other trademarks. Such a search can help you identify potential obstacles and make any necessary adjustments to your company name to enable a successful registration.
In addition to the trademark search, you should ensure that your company name is eligible for trademark protection. The trademark must be distinctive and not contain purely descriptive or generic terms. It is also important that your trademark does not go against public morality or infringe on existing third-party rights.
Once you are confident that your company name is eligible for trademark registration, you can initiate the application process with the relevant trademark office. There, you will need to submit an application and the required documents. After a successful examination and registration of your trademark, you will have the exclusive right to use and defend your company name as a trademark.
I hope this information is helpful to you and I am available to assist with any further questions. It is important that you protect your intellectual property and successfully establish your trademark in the market.
Best regards,
Helma Krause
Trademark Attorney
