Trademarks

Trademarks, well-known by the use of the symbols ® or TM, identify goods and services of a company. They stand for the quality of a company and are part of the company's intellectual property, just like technical intellectual property rights. A strong trademark is a valuable asset.

Trademark protection is available for words, letters, numbers, pictures, and even colours and sounds.

Trademarks identify the goods and services of particular entrepreneurs. Signs that are suitable for distinguishing goods or services of a particular entrepreneur from that of an other entrepreneur are eligible for trademark protection.

Trademark protection arises from the entry in the trademark register, for instance the register of the German Patent and Trademark Office. Trademark protection may also arise due to intensive use of a sign in the course of business or from the fact that a sign is notorious known.

Registration of a trademark gains to its owner the exclusive right to use the trademark in relation to the protected goods and services. Trademark owners can sell their trademarks anytime. The owner of a trademark can grant others a right of use of the trademark, in form of a trademark license.

At first trademark protection is effective for 10 years and can be renewed forever. If the renewal fee is not paid every 10 years, the registration will be cancelled.

Trademarks registered at the German Patent and Trademark Office are exclusively effective in the Federal Republic of Germany. At the World Intellectual Property Organization (WIPO) trademark protection in several countries can be applied by an international registration.

In 27 countries of the European Union an application for a Community trademark at the Office for Harmonization in the Internal Market (OHIM) can be filed.