What are the requirements for registering a trademark?
April 11, 2022 | 50,00 EUR | answered by Helma Krause
Dear trademark lawyer,
My name is Wilhelm Brandes and I am the owner of a small company specializing in handmade furniture manufacturing. Over the past few years, we have established a reputation in the market and our products are enjoying increasing popularity among our customers.
Now, we would like to protect our brand to prevent imitations and trademark piracy. However, I am unsure about the requirements that need to be met for registering a trademark. I have already conducted research on the internet, but the information was very confusing and unclear.
My concern is that without a protected trademark, we may be vulnerable to plagiarism and our reputation could suffer as a result. Therefore, it is very important to me that we understand the legal basis for registering a trademark and act accordingly.
Could you please explain in detail the requirements for registering a trademark? Are there specific criteria that our brand must meet in order to be protected? And what specific steps do we need to take to successfully register our trademark?
Thank you in advance for your help and support.
Sincerely,
Wilhelm Brandes
Dear Mr. Brandes,
Thank you for your inquiry regarding trademark protection for your company specializing in handmade furniture. It is understandable that you are concerned about protecting your brand from imitations and counterfeiting. In order to successfully register your brand, certain requirements must be met.
Firstly, your brand must be distinctive. This means that it must stand out from other brands and be unique. A brand that is descriptive of the products or services usually cannot be registered as a trademark. Therefore, it is important that your brand is original and not purely descriptive.
Furthermore, your brand must also be visually representable. This means that your brand must be visually represented in a specific form, such as a logo or wordmark. A purely verbal brand without any graphical elements usually cannot be protected.
Additionally, you must ensure that your brand does not infringe existing trademark rights. Before registering your brand, you should conduct a search to see if similar or identical brands are already registered. A trademark search can help you avoid potential conflicts with other brands.
To successfully register your brand, you must submit an application to the relevant trademark office. In Germany, the German Patent and Trademark Office (DPMA) is responsible for trademark registration. The application must include all necessary information and documents, such as the representation of your brand, the classes of goods and services for which you are seeking trademark protection, and your personal information as the applicant.
Once you have submitted the application, the trademark office will review whether your brand meets all the requirements for registration. If there are no objections to the brand, it will be entered into the trademark register. After that, you will have the exclusive right to use your brand for the registered goods and services and to prohibit third parties from using your brand.
I hope this information helps you and answers your questions regarding trademark protection. If you need further assistance or have any questions, please feel free to contact me.
Best regards,
Helma Krause
Trademark Attorney
