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. |
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.
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