A trademark is a type of protected intellectual property and is considered an important intangible business asset. Acquiring a trademark can give your business partners and investors more confidence in your business, which can help you to collaborate with more partners and to raise equity to further develop your business. A trademark not only protects your creations but can also maximize the value of your creation because you have the ability to license it out to a franchisee or sell it outright ( ipnote).
What is a trademark?
A trademark is a sign or mark that you can use to identify and distinguish your company’s goods or services from another company’s goods or services. By registering your trademark, you can prevent others from using its name or logo. Once a trademark has been registered, it is protected indefinitely as long as you renew it every 10 years ( dpma).
What law or regulations apply?
The German Patent and Trademark Office (DPMA) governs intellectual property, including trademark protection in Germany. The Trade Mark Act (Markengesetz), the Trade Mark Ordinance (Markenverordnung), the DPMA Ordinance (DPMA-Verordnung—only available in German), the Patent Costs Act (Patentkostengesetz), the Ordinance Concerning the Administrative Costs at the DPMA (DPMA-Verwaltungskostenverordnung), the Patent Costs Payment Ordinance (Patentkostenzahlungsverordnung), and the Ordinance on Electronic Legal Transactions with the German Patent and Trade Mark Office (Verordnung über den elektronischen Rechtsverkehr beim Deutschen Patent und Markenamt) regulate trademarks and the application process in Germany ( , dpma).
Trademarks must be unique and can include words, letters, numbers, pictures, colors, sounds, or a combination of these. If you do not reside in Germany, you must appoint an attorney in Germany or an attorney established in the EU to act on your behalf. Because every company has different needs and because the trademark process can be complex and lengthy, speaking with an attorney about the scope of your rights is recommended ( practiceguides, zellerseyfert).
You may use the ® symbol (“registered”) only if your trademark has been registered. The ™ symbol (“trademark”) does not have any legal meaning in Germany, as it has its roots Anglo-American jurisdictions ( ipnote).
What are the risks of noncompliance?
If you discover that your trademark has been used without your consent, you may exercise your rights under the Trade Mark Act. In an action for infringement of a registered trademark, the court may grant an injunction, monetary damages, and an account of profits. The court can also order the erasure, disposal, or delivery of infringing goods. Infringement can, in some cases, rise to criminal conduct ( practiceguides).