Trade mark glossary
Trademark Glossary
There are numerous technical terms in trademark law. We explain these in our Trademark Glossary.
Term | Main definition |
---|---|
TM | This is a reference to a protected trademark. Use for unprotected trademarks can be misleading, even though the reference may also be permissible for unregistered trademarks, especially in U.S. trademark law. |
Touch marks | Touch marks are generally registrable as trademarks. Special requirements apply, however, to the application documents to be submitted. |
Trademark forms | Trademarks may be registered as word mark, word/figurative mark, figurative mark, three-dimensional mark, sound mark, or hologram mark. In addition, there are other types of trademarks. |
Trademark information | see Search |
Trademark Infringement | The application for a trademark or the use of a sign may lead to the infringement of earlier trademarks. |
Trademark search | see Search |
Transfer | A trademark may be transferred to another party for all or part of the goods/services. |
Use objection | If you assert your trademark rights against other persons, these person may defend themselves with the objection of use and request that you prove use of your trademark. |
UWG | German Act against Unfair Competition |
Vienna Classification | The Vienna Classification is an international agreement concluded in Vienna in 1973 and serves to divide the figurative elements of trademarks into classes. This classification enables the search for trademarks with certain figurative elements. |
Warning letter | A warning letter is used by one person to point out to another person the violation of IP rights and threatening to take legal action if the violation does not cease and no compensation for damages is paid. |
Wholesale services | Wholesale services include services directly related to wholesale activity. |
WIPO | WIPO (World Intellectual Property Organization) is, where, among other things, international trademarks and designs can be registered. |
Word mark | The word mark usually gives the owner the broadest protection. It also offers greater flexibility in terms of use than other forms of trademark. In particular, the word mark can be used in the usual upper and lower case lettering or in various commonly used fonts. |
Word mark or word/figurative mark? | If the applicant is interested in the particular typeface design, color, font arrangement, or graphic elements, a word/figurative mark is recommended. Advice for use in practice: The protection of a word/figurative mark, however, only refers to the mark as a whole. A word/figurative mark does not protect the word and the image separately. |
Word/figurative mark | Word/figurative mark contains graphic elements and Latin characters. The registration may also be made in color. |
Work title | see Title |
For additional information see our FAQ or our Trademark Glossary.
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