How can I find out if my brand is already being used by someone else?
December 4, 2022 | 40,00 EUR | answered by Helma Krause
Dear lawyer,
My name is Luisa Ullmann and I run a small start-up company specializing in the production and sale of handmade jewelry. In the last few months, I have been working intensively on developing a unique brand that clearly sets my company apart from the competition. I am now on the verge of officially registering my brand, but I am concerned that there may already be another company using a similar brand.
I have already conducted online research and found that there are many companies using similar names or logos. However, I am unsure if these brands are already registered and if I may face legal consequences if I officially register and use my brand.
My question to you as an expert in trademark law is: How can I find out for sure if my brand is already being used by someone else? Are there specific databases or online tools that I can use to check this? What steps should I take to ensure that my brand is unique and does not infringe on existing trademark rights?
I want to continue expanding my business and successfully establish it in the market, so it is very important to me that my brand is legally protected. I hope you can assist me with this matter and provide possible solutions.
Thank you in advance for your support.
Sincerely,
Luisa Ullmann
Dear Mrs. Ullmann,
Thank you for your inquiry regarding the registration of your brand for your start-up company. It is understandable that you are concerned about whether your brand is unique and does not infringe on existing trademark rights. As a lawyer specializing in trademark law, I would like to help you and show you some steps on how to ensure that your brand is legally protected.
First and foremost, it is important to know that the uniqueness of a brand is crucial for its protection. To ensure that your brand is not already being used by someone else, I recommend conducting a trademark search. You can use special databases and online tools to check if similar brands are already registered. In Germany, for example, you can use the database of the German Patent and Trademark Office (DPMA) or the European database TMview to search for already registered trademarks.
It is important not only to search for exact matches but also to consider similar brands that could resemble your name or logo. If you find that a similar brand is already registered, you should seek legal advice on whether your brand can still be registered or if there could be an infringement of existing trademark rights.
Once you are confident that your brand is unique and does not infringe on the rights of others, you can file the application for registration with the DPMA. There, it will be examined whether your brand meets the legal requirements and whether it can be registered. After successful registration, you will receive trademark protection, which will allow you to protect your brand from imitations.
I recommend seeking support from a specialized lawyer in trademark law during this process to ensure that your brand is optimally protected. If you have any further questions or need legal advice, I am happy to assist you.
I wish you success in registering your brand and expanding your business.
Best regards,
Helma Krause, Lawyer specializing in trademark law
