Exclusive right

Trademark law monopolizes the registered trademark in favor of the trademark owner. Trademark owners decide who may use their trademark and they may prohibit any third party from using their trademark.

Trademark law explicitly stipulates the exclusive right of trademark owners in Section 14 German Trademark Act. A trademark right may be obtained by registration of a sign as a trademark in the Trademark Register, by using the sign as a trademark, or by the well-known reputation of a trademark.

On the basis of the exclusive right, trademark owners may prohibit any third party from using a sign without their consent if

• the sign is identical or similar to the trademark, and
• the sign is used in the course of trade for identical or similar goods/services, and
• there is a likelihood of confusion, including a risk of association between the two opposing marks (likelihood of confusion).