Titles of works in Germany are the names or special designations of printed publications, cinematographic works (movies), plays or other comparable works. Contrary to unregistered trademarks and company names, the protection of titles of works does not depend on a function as indication of origin. In general, protection begins with use or a so-called “title protection announcement” in a special magazine.

Trade and business secrets are non-overt processes in a company, which should be concealed because of a legitimate interest of the company management.  Trade secrets only involve the technical issues, whereas, the commercial aspects are subject to business secrets. 

A trademark is a sign which identifies and distinguishes the source of the goods of one party from those of others. A trademark is an indication of origin of goods and services of a company for example a letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of packaging. The owner of the trademark has the exclusive right to use the mark on or in connection with the goods or services it is registered for.

The German Trademark Act (Act on the Protection of Trademarks and other Symbols) from 1994 protects trademarks, business designations and geographical indications and contains rules on how the right owner can enforce his rights. 

Through a trademark application the applicant applies for the exclusive right (monopoly) to use a sign for the goods and services described in the application. 

A trademark infringement is a violation of the trademark owner’s rights by using the protected sign without permission of the holder. An infringement may occur when a trademark which is identical or confusingly similar to a trademark owned by another party is used in relation to products or services which are identical or similar to the products or services which the registration covers. 

One important part of intellectual property law relates to trademark law. Its main purpose is to protect recognizable signs or expressions which identify the commercial source or origin of products or services. 

By implementing a trademark watch, the trademark holder has the possibility to efficiently defend his trademark(s) against infringer(s) on a cost-effective basis.

All signs that are suitable for distinguishing goods or services of a particular company from that of other company can be protected as trademarks. A trademark is only protectable if there are no absolute (and/or relative) grounds of refusal.

The registration of a trademark is only possible, if the sign at least has “abstract” distinctive character. 

Through registration of the trademark in Germany, the owner gets the exclusive right to use the trademark in relation to the protected goods and/or services for 10 years. An owner of a registered trademark has the duty to use the trademark within a period of 5 years after registration. If the trademark is not used, it can be cancelled upon request or legal action due to non-use. The trademark can be renewed after 10 years for a further 10 year period. The holder can apply for as many renewals as he wants.

The Trademark Regulation is the legal basis for the Community Trademark (CTM) and was set into force in 1993. It regulates the application and registration procedures of the CTM and the related opposition, cancellation and appeal proceedings.

Conducting a diligent trademark search before filing a trademark application is important, especially is Germany, as the German Patent and Trademark Office (GPTO) does not carry out a search for identical and/or similar marks. Regular searches after the registration are advisable to efficiently defend a trademark.