Trade mark glossary

Trademark Glossary

There are numerous technical terms in trademark law. We explain these in our Trademark Glossary.

Term Main definition
Cancelation proceedings

Cancelation proceedings can lead to cancelation and thus loss of the trademark. Reasons for cancellation may include non-use or not proper use of the trademark, lack of registrability, or earlier rights of third parties.

Synonyms - Deletion
Cease and desist

The trademark owner may assert various claims against an infringer, including claims to cease and desist. With a cease and desist declaration, the infringer contractually undertakes to refrain from using the infringing sign.

Cease and desist declaration

The trademark owner may assert various claims against an infringer, including claims to cease and desist. With a cease and desist declaration, the infringer contractually undertakes to refrain from using the infringing sign.

Certificate

The trademark owner receives a certificate of registration of the trademark and a certificate of the other data entered in the register.

Certification mark

Goods/services that are marked with a certification mark have certain characteristics that are guaranteed by an independent body. The certification mark indicates that these properties exist. Trademark owners may only be parties who are not themselves a manufacturer or dealer of these goods/services.

Change of the trademark

Changes of the trademark after application is only possible to a very limited extent.

Class

The list of goods and services must be structured according to officially defined classes in accordance with the Nice Classification.

Class fees

Class fees are the fees charged for processing by the respective Trademark Office depending on the number of classes. The number of classes must be taken into account particularly for applications or renewals (see Official fees).

Coexistence Agreement

see Exclusivity agreement

Collective marks

Any signs capable of being protected as a trademark and capable of distinguishing the goods or services of the members of the owner of the collective mark from those of other businesses on the basis of their commercial or geographical origin, their nature, their quality, or their other characteristics may be registered as collective marks. Only associations of manufacturers, producers, service providers, or traders may be the owners of collective marks.

Company logo

A company logo may be registered as a figurative mark or word mark/figurative mark. Where applicable, additional protection as a design may be useful.

Company name
Company name/ business name is protected as a business name according to trademark law. Additional protection as a trademark is usually recommended.
Synonyms - Business name
Company sign

The Trademark Act also grants protection for a company name or business designation.

Competition Law

Competition law is frequently referred to as the area governed by the German Act against Unfair Competition. Competition law serves to promote and protect transparent competition in services.

Copyright

Copyright law protects personal and intellectual creations, for example novels, software, or movies. It arises without registration through the creation of the work.

For additional information see our FAQ or our Trademark Glossary.

For additional information see our FAQ or our Trademark Glossary.

Trademark Glossary
Our comprehensive services

We will also advise and represent you in the event of trademark infringements, warnings, coexistence agreements, licensing
or any other issues relating to intellectual property rights.

Our services
About us

WUESTHOFF & WUESTHOFF specialized
in intellectual property since 1927.
Combining expertise and experience.

Wuesthoff & Wuesthoff
Contact

Ordering online is just one of your options. We are also available to assist with your individual case. Please do not hesitate to contact us if you have any questions or seek personal legal advice.

Contact