Choosing brand type
The first step is to decide which brand is suitable for the product or service you want to protect.There are many different brand types. These are the most common brand types:
- Word figurative mark
- Colour stamp
- Cable thread brand
- Hearing stamp
- Hologram brand
- Smell mark
Word marks, figurative marks, or word figurative marks are most often applied for.The combined version is suitable if the brand consists of a logo and a lettering. The trademark application as a word figurative mark protects the combination of both elements. If you only protect the word mark, the competition could imitate the unprotected logo.
Set brand classes
Trademarks are divided into categories in which similar goods and services are grouped.There are a total of 45 so-called Nice classes. Often, products and services are registered in several classes. Here is an overview of the possible classes.Before you sign up for a brand, you should have already decided how many brand classes make sense.
Scope and costs of trademark protection
Entrepreneurs can have their brands protected in Germany and Europe.If you are only active on the German market, EU-wide trademark protection tends not to pay off.
The German Trademark and Patent Office (DPMA) is responsible for the trademark application.It enters the desired brand in the list of trade marks. The registration comprises up to three brand classes and currently costs 290 鈧?for electronic registration or a regular 鈧?00. Additional classes cost extra. https://www.dpma.de/marke/gebueh…
An EU trade mark or EU trademark covers trademark protection in all countries of the European Union.The European Union Intellectual Property Office (EUIPO)is the competent authority.The registration of an EU trade mark in a trade mark class currently costs 鈧?50, the second an additional 鈧?0, and an additional 鈧?50 from third class onwards. https://euipo.europa.eu/ohimport…
Risks before and after the trademark application
Don’t forget brand research
The brand offices do not carry out the research work for their customers.This is particularly important in order to prevent collisions with existing brands. Trademark owners have three months to object to your new trademark registration. Only after this period is the brand completely protected. It is common to have a list of different levels: we are looking for identical brands, similar brands in design and wording in the brand directory. In addition, you should look for old brands whose trademark protection no longer exists. So you are on the safe side, because in case of doubt, the older rights decide.
In addition, you have to check the registrability.The Trademark Office may reject your application if there are “absolute obstacles to protection” against the registration of the desired trade mark. You can read exactly what this means here: https://de.wikipedia.org/wiki/Ab…
Preliminary work saves money
A thorough research saves time and money.If your desired trademark is not registrable, DPMA and EUIPO refuse to register the trademark. If a competing trademark owner successfully objects to your trademark, it will be removed from the directory. In both cases, the Authority shall not reimburse the fees.
Observe the trade mark after the application
If someone wants to copy your ideas, you also only have three months to report an identical or similar brand.Once the three months have elapsed, only a cancellation action will help. Such procedures often cost and take several years. It is therefore worthwhile to pursue new trademark registrations permanently.
Also important: If you do not use your trademark five years after registration, it can also be removed from the trademark register by means of a deletion procedure.