Can I use my brand without registering it in the trademark register?
May 9, 2023 | 50,00 EUR | answered by Ingo Hausdorf
Dear trademark lawyer,
My name is Marie Weise and I have been running a small online business selling handmade jewelry for some time now. In the past few months, I have been working intensively on developing a unique logo that I would like to use as a trademark for my products. Now I am wondering if I can use my trademark without an official registration in the trademark register.
Currently, I am already using the logo on my website, my social media profiles, and on my products. I have also started to integrate it into various marketing materials to increase the visibility of my brand. However, I am concerned that I may face legal consequences if I do not officially register the trademark.
Therefore, my question to you is: Is it advisable to use my trademark without registering it in the trademark register? Are there possible risks that I could be taking? What are the benefits of officially registering the trademark and what steps would I need to take for that?
Thank you in advance for your response and I look forward to your professional advice on this matter.
Best regards,
Marie Weise
Dear Ms. Weise,
Thank you for your inquiry regarding the use of your logo as a trademark for your online jewelry company. It is understandable that you are considering whether an official registration in the trademark register is necessary and what risks and benefits are associated with it.
In general, it is possible to use a trademark without an official registration in the trademark register. By using your logo on your website, in your social media profiles, and on your products, you have already begun to establish your brand. However, using an unregistered trademark also carries certain risks. Without an official registration, you do not have exclusive protection for your brand and could potentially encounter difficulties if a competitor designs or even copies your brand in a similar way.
The benefits of an official registration in the trademark register are numerous. Through registration, you receive exclusive protection for your brand, meaning that no one else can use your brand without your consent. Additionally, an official registration strengthens your position in case of disputes or legal conflicts. A registered trademark is also an asset that can increase in value and can even be sold or licensed.
To officially register your brand, you need to submit an application to the relevant trademark office. In Germany, the German Patent and Trademark Office (DPMA) is responsible for trademark registrations. The application must include information about your brand, such as the logo itself, the goods or services for which the brand will be used, and your contact information. After submission, your brand will be examined, and if successfully registered, you will receive a trademark right that is valid for a certain period of time.
Overall, it is advisable to officially register your brand in the trademark register to ensure comprehensive protection and legal security for your brand. If you have any further questions or need assistance with the registration, I am happy to help.
Best regards,
Ingo Hausdorf, Trademark Attorney
