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Avoid trademark infringements - how to protect your company from costly mistakes

Expert article on trademark law

Avoid trademark infringements – how to protect your company from costly mistakes

Trademark rights are easily infringed – often unintentionally, but with significant consequences. Warnings, injunctions, damages, and product recalls: the legal and economic risks are enormous.

The good news:
With the right precautions, trademark infringements can be avoid and oversee risks.

Our 5 tips for risk avoidance:

  1. Trademark research before using the name:
    Before using a new product, company, or domain name, have a legal review to determine whether there are any identical or similar trademarks or company names. A simple Google search is definitely not enough (but it's still useful).

  2. Don’t just look at identical hits:
    Similar spellings, sounds, or meanings can also constitute infringement – especially, but not only, within the same class of goods or services. There are professional tools for trademark similarity searches. A quick glance at the trademark registers isn't enough. It may be worthwhile to pre-filter the best name candidates yourself if you want to keep costs low. The free tool "TM View" can help with this, allowing you to search for identical and similar trademarks. But be careful: This type of search is only cursory and is no substitute for professional research.

  3. Thinking across borders:
    Anyone who sells online or operates internationally should also have foreign trademark rights checked.

  4. Establish clear internal processes:
    Marketing, product development, and management should always seek legal advice early on when considering new names and slogans. This allows for faster protection of a name and allows for a successful registration before the respective trademark is released for use.

  5. Respond to warnings professionally:
    If you do receive a warning letter, stay calm and seek legal advice before responding or signing too quickly.

Our conclusion:

Trademark conflicts are avoidable – with a well-thought-out brand strategy and clear responsibilities.

Make an inquiry now

We will be happy to advise you comprehensively and personally on your concerns.

Make an inquiry now

We will be happy to advise you comprehensively and personally on your concerns.

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