Introduction to Trademark Protection
Trademark protection is an essential component of intellectual property that allows companies to uniquely identify their products and services and distinguish them from those of competitors.
A trademark can be a name, logo, slogan, design, or a combination of these elements. Protection can be obtained at national, European, or international levels, depending on the business objectives and strategies of the company.
In this overview, we examine the possibilities of trademark protection worldwide, in Europe, and specifically in Germany to give you a comprehensive insight into the various protection options.
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Our experts provide competent support for all trademark protection matters - nationally and internationally
Worldwide Trademark Protection
For globally operating companies, international trademark protection is recommended. The Madrid System of the World Intellectual Property Organization (WIPO) allows for central registration in up to 124 countries.
With a single application and fee, companies can have their trademark protected in many countries simultaneously. This saves time and costs compared to individual national applications.
The international registration is initially valid for 10 years and can be renewed indefinitely. Each designated country examines the trademark according to national law.
European Trademark Protection
For companies operating in the European Union, the European Union trademark (formerly Community trademark) is an option.
The EU trademark is registered with the European Union Intellectual Property Office (EUIPO) and provides protection in all 27 EU member states with a single application.
The protection is initially valid for 10 years and can be renewed any number of times for additional 10-year periods. The EU trademark is indivisible, meaning it is either valid throughout the entire EU or not at all.
Trademark Protection in Germany
For companies primarily operating in Germany, the national trademark application at the German Patent and Trademark Office (DPMA) is the appropriate path.
The German trademark offers protection throughout the federal territory. It can be registered as a word, figurative, sound, or three-dimensional trademark and is initially valid for 10 years.
Comparison of Protection Systems
The choice of the appropriate protection system depends on the business strategy:
National trademarks are cost-effective but limited to one country. The EU trademark offers EU-wide protection but is susceptible to opposition. The international registration offers flexibility and worldwide protection but requires a basic trademark.
Often, a combination of different protection rights makes sense to achieve optimal coverage.
Application Process and Costs
The application processes and costs vary depending on the chosen system:
National applications are often the most affordable, followed by the EU trademark. The international registration can be more cost-intensive with many designated countries but offers economies of scale.
In all cases, in addition to the application fees, research costs, possible attorney fees, and regular renewal fees may also be incurred.
Contact Details
Get in touch to learn how we can help your business.
- Huber & Schuessler Patent Attorneys, Truderinger Strasse 246, D-81825 Munich, Germany
- info@patservice.de
- +49 89 437788 0