How can I find out if a brand is already registered?
May 24, 2023 | 50,00 EUR | answered by Carsten Schlüter
Dear trademark lawyer,
My name is David Rothwiller and I am planning to register a trademark for my company. I have already chosen a logo and a brand name, but I am unsure if they have already been registered by another company. I want to avoid choosing a trademark that is already protected, as this could lead to legal conflicts.
My company operates in the sustainable fashion sector and I want to ensure that my brand is unique and stands out from other companies. Therefore, it is important for me to find out if my chosen brand is already registered or if it is still possible to protect it as a trademark.
My concern is that I will invest a lot of time and money in developing my brand, only to later realize that it is already registered and I cannot use it. Therefore, it would be helpful for me to know how I can find out if my brand is already protected by another company.
Can you please explain to me what steps I need to take to find out if my brand is already registered? Is there a database where I can search for already registered trademarks? And what options do I have if my brand is already registered?
Thank you in advance for your support and advice.
Sincerely,
David Rothwiller
Dear David Rothwiller,
Thank you for your inquiry regarding the registration of your brand for your company in the sustainable fashion industry. It is understandable that you want to ensure that your brand is unique and stands out from other companies to avoid potential legal conflicts. I am happy to explain to you the steps you can take to find out if your chosen brand is already registered and what options you have if it is.
To determine if your brand has already been registered by another company, it is advisable to conduct a trademark search. Such a search can provide you with information on whether your brand is already protected or if it is still possible to register it as a trademark.
One way to conduct a trademark search is to use databases that contain information on already registered trademarks. In Germany, the German Patent and Trademark Office (DPMA) is responsible for the registration of trademarks. On the DPMA website (www.dpma.de), you can conduct a search in the trademark register to find out if your brand is already registered.
If your brand is already registered, you generally have the option to reach an agreement with the owner of the registered brand to allow the use of your brand. Alternatively, you can check if your brand can still be used despite the existing registration if it is in a different sector or industry and therefore does not pose a risk of confusion.
If your brand is already registered and no agreement can be reached with the owner, you can consult a trademark lawyer to discuss your next steps and potentially take legal action.
I hope this information helps you and wish you success in registering your brand in the sustainable fashion industry. If you have any further questions, I am happy to assist.
Best regards,
Carsten Schlüter
