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Lawyer trademark registration at the DPMA
Trademark law services
The first step to trademark protection: Trademark registration with the DPMA
Registering a trademark with the German Patent and Trademark Office (DPMA) is a fundamental step in legally securing your trademark rights and protecting your brand in Germany. A registered trademark not only strengthens your market position but also provides you with the exclusive right to use the brand name, logo, or slogan. However, this process can be complex and requires legal expertise. An experienced trademark attorney will assist you in successfully registering your trademark and protect you from legal pitfalls.
Why should you register a trademark?
Registering a trademark with the German Patent and Trademark Office (DPMA) is not just a formality, but an important legal measure to ensure the protection of your brand. When you register a trademark, you acquire exclusive rights that protect you from unauthorized use by third parties. This has numerous advantages:
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Exclusivity: You have the exclusive right to use your trademark in the market, preventing competitors from using it for similar products or services.
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Trademark protection: A registered trademark protects you from infringement of your trademark rights. You can legally hold third parties accountable for using your trademark without permission.
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Increase in value: Trademarks are valuable intellectual property that contributes to brand identity and corporate value. A strong brand can secure a long-term market position and can even be sold or licensed.
The process of registering a trademark with the DPMA:
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Trademark research:
Before registering your trademark with the German Patent and Trademark Office (DPMA), thorough research is essential. A trademark search will help you determine whether your trademark is already protected by someone else. If your trademark could be confused with an existing trademark, this could prevent registration. A trademark attorney can conduct a professional trademark search that reviews all relevant trademarks and their registration status. This way, you can avoid unnecessary costs and legal disputes.
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Choosing the right brand form:
There are various types of trademarks that you can register with the German Patent and Trademark Office (DPMA), such as word marks, figurative marks, or word-figurative marks. Depending on the type and scope of your trademark, you will need to decide which form is most suitable for your trademark. A lawyer can help you make the right choice and thus achieve optimal protection.
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Trademark registration with the DPMA:
A trademark application is filed online with the German Patent and Trademark Office (DPMA). You must provide precise information about the trademark and its use, such as the product or service areas in which the trademark is to be used. You must also describe the trademark precisely (e.g., word mark, figurative mark, combination). A trademark attorney will ensure that all information is submitted correctly and completely to ensure prompt processing of the application.
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Examination and registration by the DPMA:
After registration, the DPMA (German Patent and Trademark Office) examines whether the trademark meets the requirements for registration. This includes, among other things, an examination of distinctiveness, trademarkability, and compatibility with existing trademarks. If the examination is positive, the trademark is entered in the trademark register. In this case, you are the legal owner of the trademark and have secured the protection of your trademark by registering it with the DPMA.
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Brand monitoring:
Even after registration, it's important to monitor your trademark regularly. Other companies may attempt to imitate your trademark or register similar trademarks. A trademark attorney offers ongoing trademark monitoring and can alert you to potential infringements or conflicts early on.
What are the requirements for registering a trademark?
In order for your trademark to be successfully registered with the DPMA, certain requirements must be met:
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Distinctiveness: Your trademark must be clearly distinguishable from other trademarks and must not use generic terms or symbols.
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No risk of confusion: The trademark must not cause confusion with trademarks already registered.
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No violation of public order: Your brand must not contain any immoral or offensive content.
An experienced lawyer can ensure that your trademark meets these criteria and that the registration is legally secure.
The different types of trademarks at the DPMA:
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Wordmarks: A word mark protects only the word or word combination. They are flexible because they are protected without graphic design.
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Figurative marks: These trademarks consist only of an image or logo and protect the graphic design without the word content.
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Word-image trademarks: These trademarks combine both word and image elements. They are often the most common form of trademark.
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3D brands: These trademarks protect three-dimensional shapes, such as packaging or product designs.
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Color marks: If a specific color is used as a trademark (e.g. Tiffany blue), it can be registered as a color trademark.
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Sound marks: Brands can also consist of certain sounds or melodies that identify a company.
Each trademark form has its own characteristics, and it is important to choose the form that is suitable for your purposes.
Legal support for trademark registration:
Registering a trademark is a legally complex matter. Mistakes in the registration process or in choosing the correct trademark form can lead to rejections or legal conflicts. A specialized trademark attorney can assist you with every step of the registration process and ensure that your trademark rights are optimally protected.
- Advice on choosing the brand form
- Testing brandability
- Support throughout the entire registration process
- Legal support in enforcing your trademark rights
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