Protection of trademarks
Wisely chosen symbols build strong brands. A trademark is an instrument of differentiation: a word, slogan, pattern, colour, design or a melody. A trademark provides exclusive rights specific to a country or region, and a registered trademark can be renewed without restriction. It cannot, however, be confusingly similar with earlier trademarks or trade names, or directly describe the product.
On a trademark application the classification of goods and services requires specialised expertise. Trademark protection is only possible in designated classes. We provide guidance in selecting strong commercial symbols from a protection standpoint.
A trademark can be a company's most important and valuable asset. Competitors might sell products and services that are similar to those of your own company, but if you have obtained protection for your trademark, they cannot use your symbols.
In principle your trademark can be any graphically depicted word, slogan, pattern, colour, letter-number combination, product or packaging design or even a melody. A trademark should not depict the actual products being sold, as the best protection is provided when the trademark is coined.
A trademark can provide protection either by registration or establishment. Registration, however, is usually the better alternative, as the rights are easily verifiable and the monitoring as well as defending of exclusive rights is easier. Registration remains valid for ten years after the date of registration, after which is can be renewed without restriction every ten years.
How do I use my trademark?
Under Section 26 of the Trademarks Act, "a trademark registration shall be invalidated if the trademark has not been used for the last five years", during a specific time period. An equivalent rule can be found in the Community Trade Mark Regulation. If a trademark has not been used in five years for the goods or services which it has been registered, the trademark can be removed from the register. As removal from the register is the end of the trademark, long periods of inactivity should be avoided. Removal, however, requires the active input of a third party.
It is also not inconsequential how a trademark is used. The careful and considered use of a trademark extends its life and enhances its value. The fundamental rules are that the trademark is used as a proper name and that it is preserved as a proper name.
If the trademark is used as a generic name for a certain product, the legal trademark protection will be effectively removed. In order to prevent the trademark from becoming a generic name, it is vital that it is never used like a generic name. This is why trademarks cannot be conjugated or used as part of a compound word.
We recommend that trademark holders use the ® and ™ symbols to reinforce the image of the trademark. However, use of these symbols still requires discretion. The ™ symbol has a broader range of application: it can always be used for a trademark, even if the trademark in question is not registered.
The ® symbol is only used for registered trademarks. It can be freely used if the trademark is registered in the applicable country. In principle, if the trademark is not registered, the ® symbol cannot be used. In some countries use of the ® symbol with an unregistered trademark can even be considered misleading advertising. Within the EU, the ® symbol can be used in all EU member states, provided that the trademark is registered in one EU member state.
Develop an IPR strategy
Carefully planned protection supports a company's business strategy. When you “look before you leap”, you’ll avoid unnecessary costs and IPR risks.
Read moreEnforce your IPR
Exclusive rights must be maintained, monitored and defended in order to ensure that your know-how and investments are not exploited by outside parties. Advantages in business come from long-term work!
Read more