Trademark registration by a lawyer: How to protect your trademark optimally
Do you have a brilliant idea for a new product or service? Congratulations!
Robert Meyen
Lawyer
Specialist lawyer for intellectual property rights
brands media meyen
Breite Straße 22
41460 Neuss
Germany
The trademark application with trademark lawyer Robert Meyen
To protect your brand name and your brand logo, a Trademark application essential. With a registered trademark, you receive exclusive rights to your trademark and can thus protect yourself against Copycats and free riders proceed.
Trademark registration is a complex process with many pitfalls.
You should therefore seek advice from an experienced lawyer.
A lawyer for trademark law can help you:
- in choosing the right brand name
- when searching for similar trademarks
- in the preparation of the application documents
- for representation in the application procedure
- in the enforcement of your trademark rights
Why should you hire a lawyer to register your trademark?
- Expertise: A Lawyer for trademark law has the necessary knowledge and experience to provide you with the best possible support for your trademark application.
- Security: With a lawyer at your side, you can be sure that the trademark application is filed correctly and on time.
- Efficiency: A lawyer can save you a lot of time and effort and speed up the application process.
- Success: With a lawyer, you increase your chances of successfully registering your trademark.
The costs for a trademark application by a lawyer:
The costs for a trademark application by a lawyer vary depending on the work involved. As a rule, our costs are between 1,100 € and 3,500 € (incl. official fees at the DPMA or EUIPO).
This is how a trademark application is filed by a lawyer:
- Initial consultation: In the initial consultation, you discuss your goals and ideas with the lawyer.
- Research: The lawyer researches whether the brand name you want is already protected.
- Preparation of the registration documents: The attorney draws up the application documents and files them with the German Patent and Trade Mark Office. Trademark Office (DPMA).
- Application procedure: The DPMA examines the application documents and decides whether to register the trademark.
- Registration of the trademark: Once the trademark has been registered, it is entered in the trademark register.
Robert Meyen
Lawyer
Specialist lawyer for intellectual property rights
brands media meyen
Breite Straße 22
41460 Neuss
Germany
What is a brand? What brands are there?
A trademark is a sign that serves to distinguish the goods or services of one company from those of other companies. Trademarks can consist of words, images, logos, colors or other elements.
Examples of brands:
- Word marks: Apple, Adidas, Coca-Cola
- Figurative marks: Nike swoosh, Apple logo, Mercedes star
- Word and figurative marks: McDonalds logo, Google logo, Lufthansa logo
What are the advantages of trademark protection?
Trademark protection offers you several advantages:
- Protection against imitation: With a registered trademark, you can defend yourself against companies that imitate your products or services.
- Exclusivity: You receive the exclusive right to use your trademark for the goods or services you have registered.
- Competitive advantage: A strong brand can give you a competitive advantage over your rivals.
- A valuable commodity: A brand can be a valuable asset for your company.
How do I register a trademark?
The application for a trademark is filed with the German Patent and Trademark Office (DPMA). You can register online or by post.
The following steps are required:
- Trademark search: Carry out a Trademark searchto ensure that your trademark has not already been registered by another company.
- Fill in the registration form: Fill out the registration form of the DPMA from.
- Pay trademark fees: Pay the trademark fees.
- Examination by the DPMA: The DPMA checks your registration.
- Registration of the trademark: If the application is successful, your trademark will be entered in the trademark register.
The Distinctive character is an important criterion for the registration of a trademark. It states that the trademark must be capable of distinguishing the goods or services of one company from those of other companies.
Requirements for the Distinctive character:
To be registered, a trademark must have at least relative Distinctive character own.
Signs that are not Distinctive character are for example:
- Descriptive characters: Signs that describe the characteristics of the goods or services cannot be registered as a trademark. Example: "cream cheese" for cheese.
- Free traffic designations: Free trade names are names that are commonly used for the goods or services. Example: "Apple" for apples.
- Common names: Common designations are designations that are understood by the public as generic designations. Example: "Taxi" for a cab company.
How can the Distinctive character of a brand be increased?
The Distinctive character of a brand can be increased through various measures:
- By using an imaginative brand name: An imaginative brand name is a name that is not descriptive and does not evoke the goods or services. Example: "Adidas" for sporting goods.
- Through the use of a logo: A logo can make the brand visually more attractive and improve brand recall.
- Through the use of a slogan: A slogan can make the brand more concise and convey its message better.
- Through advertising: Advertising can increase brand awareness and draw consumers' attention to the brand.
What does the trademark application cost?
The costs for trademark registration vary depending on the number of classes of goods and services for which you wish to register the trademark.
The basic fee for a trademark application in up to three classes at the German Patent and Trade Mark Office is Trademark Office DPMA 300 euros.
The basic fee for a trademark application in up to three classes at the European Patent and Trade Mark Office is Trademark Office EUIPO 850 euros.
If you consult our specialist law firm, the costs start at € 199 for an unexamined trademark application, but include the creation of a perfect register of goods and services and the selection of the appropriate Nice classes.
Why do I need a lawyer for the trademark application?
A lawyer can assist you with trademark registration in the following areas:
- Trademark search: A lawyer can provide a professional Trademark search to ensure that your trademark has not already been registered by another company. Registering a trademark that is already "occupied" quickly leads to a warning under trademark law.
- Goods and services label: A lawyer can create a perfect list of goods and services for maximum protection in the appropriate Nice classes.
- Fill in the registration form: A lawyer can help you to fill in the registration form correctly.
A lawyer can therefore help you to speed up and simplify the trademark application process.
Send us your brand idea and benefit from a non-binding initial assessment.
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