Application and registration
Application and registration
We urgently advise to register your mark or logo with the responsible trademark offices. In most countries you must file for trademark protection and have the mark registered in order to have a right to the mark. In general, mere use of a logo gives you no right to the logo.
It takes on average approx. one to four (1 - 4) months from the application date German Trademarks, EU Trademarks or International Registrations are registered. However, there are possibilities to expedite registration. Feel free to ask us for assistance.
Important to know is that with the registration of a trademark you ascertain a monopoly for the goods and services covered. The protection is granted in Germany and the EU (as well as most other countries around the world) for a total of 10 years. The trademark can therefore be renewed every 10 years and theoretically can therefore exist “forever”. Another important fact to take into consideration is that trademarks in general – according to various studies – represent an average brand value of 46% of your company value.
As a trademark owner you can take legal action against younger trademark owners. You may then successfully request the younger trademark owner to cease from using the mark and pay damages to you. If and to what extent these claims exist, can be evaluated by our firm.
In addition, (registered) trademarks can be bought, sold or licensed.
If you own a registered mark, we advise to use it – preferably in the format that it was applied in. A trademark that is not used in commerce properly within five (5) years (in German and/or the EU) as of application/registration date may be cancelled or invalidated on the basis of a third party request or law suit.