How can I find out if a brand is already registered?
February 4, 2024 | 50,00 EUR | answered by Ingo Hausdorf
Dear trademark lawyer,
My name is Ulrike Reuter and I have been running a small online business for some time now, selling handmade jewelry pieces. I would like to protect my brand to ensure that no one else uses my brand name. However, I am unsure if my brand has already been registered by someone else.
I have already researched online and found that there is a database listing all registered trademarks. However, I am not sure if I am interpreting this database correctly and if I have entered the correct search term. Therefore, I am uncertain and would like to know from you how I can find out for sure if my brand has already been registered.
My concern is that I have invested a lot of time and money in developing my brand, and it would be very frustrating if I later found out that I cannot protect my brand because it has already been registered by someone else. Therefore, it is very important to me to clarify as soon as possible whether I can successfully protect my brand.
Could you please explain to me how I can best find out if my brand has already been registered and what steps I need to take to protect my brand successfully?
Thank you in advance for your help.
Sincerely,
Ulrike Reuter
Dear Mrs. Reuter,
Thank you for your inquiry regarding the protection of your brand for your online business, where you sell handmade jewelry. It is very understandable that you are concerned about the security of your brand and want to ensure that no one else uses your brand name. I will be happy to explain to you how you can best find out if your brand is already registered and what steps you need to take to successfully protect your brand.
First of all, it is important to understand that trademark rights are territorially limited, which means that a brand is only protected in the country or countries where it is registered. If you operate your online business in Germany, you should first focus on searching the German trademark database. This database is maintained by the German Patent and Trademark Office and contains all registered trademarks in Germany. You can search for your brand name there and check if it has already been registered.
It is important that when searching for your brand in the database, you consider different spellings and variations of your brand name, as it may be that your brand is already registered under a similar designation. If you are unsure if your search was successful, you can also seek the help of a specialized trademark lawyer who can assist you in interpreting the results.
If you find that your brand is already registered, it does not necessarily mean that you cannot protect your brand name anymore. There are ways in which you can still protect your brand, such as choosing a similar but slightly modified designation or contacting the owner of the already registered brand and reaching an agreement on the use of your brand name.
If your brand is not yet registered, I strongly recommend that you apply for protection of your brand at the German Patent and Trademark Office. A trademark lawyer can assist you in this process and ensure that your brand is adequately protected.
I hope that this information is helpful to you and wish you success in securing your brand for your online business. If you have any further questions or need assistance, I am at your disposal.
Best regards,
Ingo Hausdorf
Trademark Lawyer
