Trademarks
More and more products are becoming interchangeable – as far as their technical “innards” are concerned. In this situation, trademarks, e. g. German trademarks, can be a decisive factor for success or failure.
And: excellent sales figures do not just depend on the price – contrary to a frequently heard opinion. Rather, the success of a product is also dependent on its “allure” - a good trademark stirs emotions.
The trademark makes it possible to distinguish between similar products, it is like a striking “calling card” and provides the consumer with orientation in a commercial jungle. The trademark is a sign of excellence that promotes sales, promising unchanging and innate quality: it is the trademark that remains in the memory.
It is also possible to file and register a European Union trade mark, i. e. intellectual property rights with effect for the entire territory of the EU (the application cannot therefore extend to only a few Contracting States). The application procedure is handled by the European Union Intellectual Property Office (EUIPO) in Alicante (Spain).
The registration of a trademark can be applied for at the respective office. To do so, application documents must be prepared and filed with the office, which will examine the registrability of the trademark applied for. If the office concludes that the trademark is registrable as applied for, it will enter the trademark in the official trademark register. In this way, trademark protection can be obtained, which initially lasts for 10 years from the date of filing the trademark application and can then be renewed as often as desired for additional periods of 10 years.
Depending on the specific client's project, SCHATZ IP develops customized protection strategies for clients. Based on the protection strategy, SCHATZ IP prepares the necessary application documents. After filing these to the respective office, SCHATZ IP represents its clients before the respective office and handles the official application process through to the eventual registration of a trademark. SCHATZ IP then assists in maintaining trademark protection.
Depending on client's interests, it may be advisable to file a national trademark application, in particular a German trademark application, a regional trademark application, in particular a European Union trademark application, or an application for international registration of an existing trademark on a global level. SCHATZ IP happy to advise on the advantages of the respective type of property right and the associated costs.
Trademark protection can be obtained in particular for words, including personal names, images, letters, numbers, sounds, three-dimensional designs, including the shape of a product or its packaging, and other presentations, including colors and color combinations. In this regard, SCHATZ IP provides detailed and competent advice in order to obtain the best possible trademark protection.
Once a trademark has been registered, SCHATZ IP also advises and represents clients in matters relating to the enforcement of trademark protection against alleged trademark infringers. Trademark protection can be enforced, for example, by means of a request for authorization, a warning letter, or a trademark infringement lawsuit.
In addition, SCHATZ IP assists in defending the trademark against attacks by third parties. Such attacks may take the form of an opposition or a request for cancellation, for example.
If a client has a trademark right, it may be advisable to challenge a third party's trademark that was registered at a later date if this third-party trademark affects client's trademark right and no other agreement can be reached with the owner of the third-party trademark. In this regard, SCHATZ IP advises and represents clients before the respective trademark office. An attack on a third party's trademark can be carried out, for example, in the course of opposition proceedings or cancellation proceedings before the German Patent and Trademark Office (GPTO) or the European Union Intellectual Property Office (EUIPO).
It should be noted that trademark protection may be weakened if third parties are allowed to use identical or similar trademarks for identical or similar goods and/or services after the filing date of client's own trademark. If no action is taken against third parties in such a case, the rights derived from client's own trademark may be forfeited vis-à-vis these third parties. It is therefore advisable to regularly monitor the trademark register for identical or similar trademarks with a later priority date. SCHATZ IP carries out such monitoring for its clients as required.
If third parties, such as business partners, are to participate in client's own trademark protection, the client may consider licensing its trademark protection in order to allow licensees to use your own trademark for goods and/or services protected by it and to receive financial compensation for this. SCHATZ IP also advises on such licensing matters and, in particular, assists in the drafting and coordination of license agreements.
Trademark protection distinguishes the goods and/or services offered under that trademark from those of competitors and is therefore an indispensable means of individualizing one's own activities. Trademark protection is just as important for start-ups as it is for small and medium-sized enterprises, especially in order to be able to participate assertively in economic life. In addition, trademark protection naturally also plays an important role in large-scale industry. SCHATZ IP is happy to assist its clients in all matters relating to trademark protection.
