Trademark protection: Why it is dangerous to do without it

Without trademark protection, you expose yourself to the risk of others taking over your company or product name and using it for their own purposes. A vivid example: A software company uses a unique name for its products for years but doesn't protect it. In the worst case, a competitor could register the same or a similar name as a trademark and prohibit the software company from further use.

German trademark law generally does not recognize a "right of prior use." This means that the mere use of a name is not sufficient to establish an exclusive claim to it. Only in very rare cases can a "use mark" arise. The only possible protection mechanism would be a corporate trademark right, which can be acquired through the use of a company name. The disadvantage of this is that you have to prove that the name was actually in use—with evidence such as invoices and other documents. This can be time-consuming and costly.

In comparison, registering a trademark is a much simpler and more cost-effective solution. Proof is provided by a simple extract from the trademark register, which officially confirms the legal protection of your trademark.