What are the advantages of a registered trademark compared to an unregistered trademark?
September 18, 2023 | 40,00 EUR | answered by Helma Krause
Dear trademark attorney,
I am Tina Klein and I have a question regarding the difference between a registered trademark and an unregistered trademark. I operate a small business specializing in handmade jewelry. So far, I have been selling my products under a specific name, but I have not yet registered this name as a trademark.
My concern is that my trademark could be copied or used by other companies, leading to confusion among customers. Therefore, I am wondering what specific advantages a registered trademark has compared to an unregistered trademark and how registering it could strengthen my rights as a trademark owner.
Could you please explain to me what legal steps are necessary to protect my trademark and how a registered trademark could help me secure my intellectual property? Are there specific deadlines or special considerations I should be aware of? I look forward to your assessment and possible solutions.
Thank you in advance for your assistance.
Sincerely,
Tina Klein
Dear Mrs. Klein,
Thank you for your inquiry regarding the difference between a registered trademark and an unregistered trademark, as well as the possible steps to register your brand name. I understand your concern about securing your intellectual property and will gladly provide you with all relevant information on this matter.
The main difference between a registered trademark and an unregistered trademark lies in the legal strength of the protection. A registered trademark gives you, as the owner of the brand, exclusive rights to your brand name and logo. This allows you to take action against third parties who use or copy your brand without your permission. An unregistered trademark, while providing certain protection rights due to use, is usually weaker and harder to enforce.
By registering your trademark with the appropriate trademark office, you secure the sole right to use and license your brand name for the goods or services you have registered. This means that you can take legal action against possible trademark infringements once your trademark is registered. Additionally, your trademark will be publicly known, which could deter potential imitators.
To protect your brand name, you must file a trademark application with the relevant trademark office. In Germany, this is the German Patent and Trademark Office (DPMA) or the European Union Intellectual Property Office (EUIPO) for EU-wide registration. In the trademark application, you must provide information about the trademark itself, the goods or services you offer, and your personal details. After filing, your trademark will be examined for possible conflicts with existing trademarks. If there are no conflicts, your trademark will be registered, and you will receive a trademark certificate.
There are no fixed deadlines for trademark registration, but it is advisable to do so as soon as possible to secure your rights. Trademark rights typically last for 10 years and can be renewed thereafter. It is also important to regularly monitor the market and take action against possible trademark infringements.
I hope this information helps and answers your questions. If you need further assistance or professional help with trademark registration, I am available to help.
Best regards,
Helma Krause, Attorney specializing in trademark law.
