The Improper Use Of Brands Can Unpleasant Consequences

Brand and direct marketing logos, product names, Jinges, colors & co. In marketing advertisers come quickly with trademark law in contact, because almost everything can protect themselves as a brand. It is only required that the brand can be graphically and is suitable to distinguish the goods and services of a company from those of another company. What many don’t know: brand protection can be achieved in three ways. The trademark registration is only one of them, because a trademark can be protected also by public and as a well-known trade mark. Registration of trademarks a trademark is protected with entry in the register at the German trademark and Patent Office (DPMA) ( 4 No. 1 of the Markengesetz).

Information and forms for the registration of the mark can be found on the Internet under ‘. With the registration, the trademark owner obtained all rights for a period of ten years, which can be renewed again and again. Public not only a registration with the DPMA, but also the mere use of a trade mark in the course of trade, to the full Brand protection drove, prerequisite, however, is that it has acquired the brand within public transport stakeholders ( 4 No. 2 TML). Traffic application\”corresponds to the enforcement and awareness levels in the population. According to the originality of the brand, the brand must know between 20 and 50 per cent of the population or business policies.

This can be covered in the event of a dispute through surveys and opinion. Well-known brands are also known as well-known marks without registration protected ( 4 No. 3 of the Markengesetz). Go to world famous brands, where everyone without previous research in national or international registers immediately knows that there is a foreign trade mark law. Examples: Ikea, Coca-Cola, DaimlerCrysler. Which brands must be observed in Germany? \”As a German an advertiser it is not enough, only\” to observe the German trademark law.