How can I check if my brand has already been registered by someone else?
May 4, 2024 | 50,00 EUR | answered by Ingo Hausdorf
Dear trademark attorney,
My name is Selma Hacker and I run a small business that manufactures and distributes cosmetic products. Over the past years, I have invested a lot of time and effort into developing my brand and now I would like to legally protect it. However, I am unsure if my brand has already been registered by someone else.
I have already conducted some research online to find out if my brand has been taken. Unfortunately, I have not found any clear information. I am concerned that I may apply for a trademark that is already being used by someone else, which could lead to legal issues.
Could you please explain to me how I can check if my brand has already been registered by someone else? Are there specific databases or registers where I can look? And if my brand is indeed already taken, what steps can I take to still protect my brand?
Thank you in advance for your assistance and I look forward to your response.
Sincerely,
Selma Hacker
Dear Mrs. Hacker,
Thank you for your inquiry regarding the protection of your brand within your cosmetics company. It is understandable that you are concerned about whether your brand may have already been registered by someone else. It is important to legally protect your brand to prevent unauthorized use by third parties.
To find out if your brand has already been registered by someone else, there are various options. One of the most important steps you can take is to conduct a search in trademark registers. In Germany, trademarks are registered with the German Patent and Trademark Office (DPMA). There, you can search for your brand in the trademark database online and check if it is already taken. There is also the European Union Intellectual Property Office (EUIPO) at the European level, where you can search for your brand as well.
Furthermore, you can have a professional trademark search conducted by a specialized lawyer or agency. They can provide you with a comprehensive overview of whether your brand has already been registered and if there are similar brands that may be similar to yours.
If it turns out that your brand has already been taken, you can still try to protect your brand by proving that you have been using the brand before the other company. In such a case, you should immediately contact a trademark lawyer to protect your rights and possibly take legal action.
It is important to take the protection of your brand seriously to secure your investments and efforts. Therefore, I recommend seeking professional help to ensure that your brand is legally protected.
I hope this information has been helpful to you and I am available for any further questions.
Sincerely,
Ingo Hausdorf, Trademark Lawyer
