We are often asked in the context of company start-ups or product launches whether logos, company names and product names should be registered as trademarks. Since we are frequently asked these questions, we have summarized for you some of the numerous reasons that speak in favor of a trademark application:
Valuable asset of your company
The name of your company and your products represents an asset that should not be underestimated. The same applies to a possible logo of your company. Provided you have your company name, your product name, the name of your services or your logo protected as a trademark, the registered trademark grants you comprehensive protection and gives you the right to prevent third parties from using your trademark for the registered goods and services. A registered trademark can therefore be a valuable asset of your entire business. Especially in the eCommerce sector, there are trademarks that far exceed the value of the company.
Prominent examples include the brands Apple(USD 947.1 billion), Google(USD 819.6 billion), Microsoft(USD 611.5 billion) and Amazon(USD 705.6 billion). The 100 most valuable brands in the world increase their value by a total of 23% in relation to the previous year(source: international brand value study BrandZ of 2022).
Exclusivity through a brand
A registered trade mark gives you the exclusive right to use your trade marks for the protected goods and services. If another person or company uses your trade mark in the course of trade for the protected goods and services, you can claim injunctive relief and damages against infringers of your trade mark rights. You can also prevent third parties from using a trade mark that is confusingly similar to your trade mark.
Fixed scope of a trademark
Registered trade mark rights accrue retroactively as soon as the trade mark is filed in the trade mark register before the trade mark office. However, one of the most serious advantages of a trade mark registered in the trade mark register is the fact that a registered trade mark is protected for the entire territory for which it is registered (e.g. Germany or Europe), regardless of the actual use and reputation.
Registered trademarks increase the value of the company. You can also sell your trademark rights independently of the company or grant paid licences to other companies to use your trademark.
Advertising value of a brand
A successful trademark can convey a targeted image of your company to your customers. A registered trademark thus develops a special attraction to your company through its distinctiveness and recognition. Trademarks are also seen by customers as a sign of a certain product or service quality. With well-known, registered trade marks, the consumer trusts that the goods or services offered under that particular trade mark will always be of a certain quality.
Use of the ® symbol
Only the owner of a registered trademark may use the ® symbol.
Unlimited term of protection
The term of protection of a trade mark is initially 10 years and can be renewed as often as desired. If a trade mark proprietor so wishes, the term of protection of a trade mark once registered may be renewed again and again and indefinitely.
Protection against domain grabbers
If a domain is used with a designation that is identical or similar to your trademark and goods and services are offered that infringe your registered trademark, you can take action against the domain owner and demand that the use cease. A registered trademark can also be of considerable importance if you want to register or obtain a domain name on the Internet. You can take faster and more effective action against "identity theft" with comprehensive trademark protection.
We register your brand
You should therefore comprehensively protect your company with its products and services through appropriate trademarks.
We will be happy to advise you on all questions of trademark law and on possible trademark applications. We will gladly carry out your trademark application, register your trademark for you, renew your trademark, monitor your registered trademarks and enforce your trademark rights against trademark infringers.
GoldbergUllrich Rechtsanwälte 2023
Attorney at Law Michael Ullrich, LL.M. (Information Law)
Specialist Attorney for Intellectual Property Law
Specialist Attorney for Information Technology Law