Trademark - Overview
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The meaning and extent of the word “trademark” can best be explained by considering the following example:
A foodmaker has developed a branding for a new product and intends to introduce the product to the market with considerable advertising expenditure. The foodmaker wants to prevent his competitors from placing a similar product on the market under an identical or similar name. Competitors might benefit from the existing publicity of the product and might be able to place their product on the market at a lower rate, as lower advertising expenditures accrued for them.
A trademark application offers protection from unauthorized use of the new product name by others.
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A trademark offers protection for the mark of different goods and services. Marks may be wordmarks, figurative marks, three-dimensional creations including the form of goods or their packing, and even soundmarks. A trademark has a lifetime of ten years and can be optionally extended for terms of ten years at any time.
If a trademark is not used for a longer period, there is a danger that it will not be possible to enforce one’s own trademark rights, or the danger of the trademark being attacked by a request for cancellation by others.
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The registered trademark gives the owner an absolute right. Without the consent of the owner of the trademark it is, amongst other things, not allowed to use the mark if there is the danger of confusion because of the identity or similarity to the trademark and the identity or similarity of goods and services protected by the trademark.
Very similar to trademarks are other rights to a name, e.g. the right to a company name or the right to an internet domain.
Firstly, we check whether the respective mark can basically be protected for the goods and services chosen.
It is then to be decided whether research has to be conducted first or if it is possible to file an application right away.
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