If a request for accelerated examination is filed, the German Patent and Trade Mark Office will process the application with priority.

see Slogan

The enforcement of an unjustified preliminary injunction may lead to claims for damages against the trademark owner. Accordingly, it should be carefully examined in advance whether the claims actually exist.

An agent trademark has nothing to do with 007. It is a trademark that is registered by a business partner, although the trademark is actually owned by the principal. It depends on the nature and quality of the business relationship whether an agent relationship exists. It may be given, for example, if a foreign distribution partner applies for the trademark abroad.

The application is a request for the registration of a trademark at the Trademark Office. A trademark will be registered if it is considered to be registrable, the official fees have been paid, and, depending on the Office, the registration is not prevented by an opposition.

see Sound mark

Border seizure may prevent the import or export of goods by the customs authorities.

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.

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.

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.

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

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.

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

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

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).

see Exclusivity agreement

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.

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/ business name is protected as a business name according to trademark law. Additional protection as a trademark is usually recommended.

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

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

see Damages

The trademark owner can assert various claims against an infringer, including damages.

If the defense of use is effectively raised by another person/party, you must prove genuine, right-preserving use of your trademark by way of appropriate documents. If you fail to do so, you will not be able to successfully enforce your trademark right against the other party.

An admissible defense of use requires among other things that the grace period of use of trademark whose use has been contested has expired.