Wie hoch ist der durchschnittliche Wert einer Marke am Unternehmenswert? Ist der Wert von Branche zu Branche unterschiedlich hoch? Und was bedeutet „brand valuation“ und „brand evaluation“ eigentlich genau? Diesen und anderen wichtigen Fragen rund um das Thema Markenrecht und -wert widmete sich Alexandra Dellmeier bei der Web-Seminarreihe des Bundesverband mittelständische Wirtschaft Unternehmerverband Deutschlands e.V. (BVMW Bayern).

Weiterlesen über BVMW Webinar: Zum Wert einer Marke und den Folgen des Brexit

The creators of works of literature, science and art receive protection for their works through the German Copyright Law  (Urheberrechtsgesetz).
Works can be:
  1. Lingual works as writings, speeches, computer programs
  2. Works of music
  3. Pantomimical works and dance art
  4. Fine arts, including architecture and applied art, as well as there outlines
  5. Photographical works, including similarly constructed works
  6. Film works including similarly developed  works
  7. Scientific and technical representations e.g. drawings, plans, maps, outlines, etc.

The copyright comes into existance with the creation of the work, not depending on its publication. An unpublished manuscript contains the same copyright protection as a painting exhibited in a museum. In contrast to trademarks, designs and patents, the copyright does not have to be registered and no fees.


There are two possibilities:

-    Application and registration at the GPTO (DPMA)/ OHIM / WIPO (so called Registered Designs). After application and registration, the design provides protection for 5 years, at first. Afterwards, the protection can be maintained, up to a maximum term of 25 years, by paying the obligatory extension fees every 5 years.

-  No registration, but commencement of use. The right automatically emerges with its publication (meaning: an exhibition, offering it for sale, a press release) EU-wide, with a term of protection of 3 years (so called Non-Registered Design).

Read why you need us to help you with the registration of a design.


A design is a commercial property right, which assigns an exclusive right of use for an esthetic design - meaning the outer appearance of products - to its proprietor.

As designs, you could protect:

Two- or Three-dimensional appearances, with a certain design or color, form, shape, material, logos, icons, surface structure (e.g. the outward appearance of a mobile phone, an electrical device, a handbag, a lamp etc.).

BUT: No computer programs, no appearing attributes that only depend on their technical function, or those having to be rebuilt to enable the construction of another product.


™  is the abbreviation of „Trademark“;

®  is the abbreviation of „Registered“

In Germany those symbols do not constitute a trademark but a registration is required. The use of these symbols is though only permitted in relation to a registered trademark. Otherwise there is an infringement of Competition Law.


A trademark is obtained in most countries via a registration (not mere use). The protection of a  trademark covers only the territory and the goods and services for which the trademark was registered.

On a territorial level there are different  possibilities:

-     Application and registration at the German Patent and Trademark Office (GPTO) in Munich for German trademarks (  German trademarks can claim protection in Germany only

-     Application and Registration at the Office for Harmonization in the Internal Market (OHIM) in Alicante, Spain, for Community Trademarks (  A Community Trademark or EU-Trademark covers all EU Member States (currently 27)


A trademark is a sign protected by law, serving to distinguish goods and services of one enterprise from those of another. Besides it implies the following functions of:

-  origin

-  communication

-  guarantee

There are different types of trademarks:
-  Expressions, letters or numbers  (wordmark),

-  A picture or logo (figurative mark), as well as the combination of words and pictures (word-design mark);

-  A color or a combination of colors (color mark);

-  Three-dimensional shapes (3-D-mark),

-  Radio-jingles or a combination of a melody (sound mark);

-  Slogans and even gestures (move mark)