How can I check if my brand is already registered?
August 13, 2023 | 50,00 EUR | answered by Helma Krause
Dear trademark attorney,
My name is Siegfried Krause and I am in the process of registering my own brand for my products. However, I am unsure if my brand has already been registered by another company. I want to make sure that I do not infringe on any rights or commit any trademark violations.
The brand I want to register is of great importance for my products. It stands for quality, innovation, and trust, and is intended to be my unique selling point in the market. Therefore, it is crucial for me that my brand is unique and not already being used by another company.
I am concerned that I may potentially get into a legal dispute if my brand is already registered and I still use it. Therefore, I would like to know how I can check if my brand is already registered and how I can ensure that I do not infringe on any third-party rights.
Could you please explain to me what steps I need to take to check the registration of my brand and how I can ensure that my brand is unique? Are there any specific databases or authorities where I can inquire about this information? I would greatly appreciate your assistance in this matter.
Thank you in advance for your help.
Sincerely,
Siegfried Krause
Dear Mr. Krause,
Thank you for your inquiry regarding the registration of your brand and the verification of whether it has already been registered by another company. It is very important to ensure that your brand is unique and does not infringe on the rights of third parties in order to avoid legal disputes.
To check the registration of your brand, there are various steps you can take. Firstly, I recommend conducting a trademark search. You can use the databases of the German Patent and Trademark Office (DPMA) or the European Union Intellectual Property Office (EUIPO) to see if your brand is already registered. In these databases, you can search for similar or identical trademark registrations and check for any potential conflicts with existing brands.
Furthermore, it is advisable to conduct an internet search to see if your brand is already being used by other companies. You can also commission a professional trademark search from a trademark attorney or specialized agency to ensure that your brand is unique.
If you find that your brand is not yet registered and is unique, you can submit the trademark application to the DPMA or the EUIPO. You will need to provide information about the brand, the goods or services for which the brand will be used, and your company.
It is also important to note that registering a trademark in Germany only provides national protection. If you wish to protect your brand internationally, you can file an international trademark application under the Madrid Agreement or the Madrid Protocol.
I hope this information is helpful to you and supports you in the registration of your brand. If you have any further questions or need professional assistance, I am happy to help.
Best regards,
Helma Krause
Trademark Attorney
