Introduction
Trademark law is a sub-area of intellectual property law and regulates the use and protection of trademarks. In Germany, trademark law is governed in particular by the German Trademark Act (MarkenG). A trademark can be a word, an image, a symbol, a color, or a combination of these elements that serves to distinguish one company’s products or services from those of other companies.
- Trademark law regulates the protection of trademarks in Germany, in particular in the Trademark Act (MarkenG ).
- A brand can be words, images or symbols that distinguish products from one another.
- Origin function: Brands indicate the company from which products or services originate.
- Trademark protection requires registration with the German Patent and Trademark Office (DPMA).
- Trademark protection is initially valid for ten years and can be extended.
- Trademark owners have the exclusive right to use the trademark in the course of trade.
- Trademark infringements may result in injunctive relief, damages and destruction of the products.
Functions of a brand
Brands serve multiple functions, including:
- Origin function: They provide information about the company from which a product or service originates.
- Quality function: They can serve as an indication of a certain quality of the products or services.
- Advertising function: They are often a key element in a company’s advertising and marketing.
- Investment function: They can represent a value in themselves and be the subject of investment.
Trademark protection
Registration
To obtain trademark protection in Germany, a trademark must be registered with the German Patent and Trademark Office (DPMA). It is important that the trademark is distinctive and does not violate existing rights or legal prohibitions.
Duration of protection and extension
Trademark protection in Germany is initially valid for ten years from the filing date and can be renewed as often as desired for additional ten-year periods by paying a fee.
Rights of the trademark owner
The owner of a registered trademark has the exclusive right to use the trademark in the course of trade. He can allow others to use it (license) and take action against unauthorized use, for example through imitation or likelihood of confusion.
Infringement of the trademark right
If a trademark is used without the owner’s consent, resulting in a likelihood of confusion, this may constitute trademark infringement. In such cases, the trademark owner can demand injunctive relief, compensation for damages and, if necessary, destruction of the illegally marked products.
Conclusion
Trademark law in Germany protects the identifiers of companies and helps to clearly identify the origin of products and services. The registration of a trademark with the German Patent and Trademark Office gives the owner exclusive rights of use and enables him to take action against trademark infringements.
