A trademark application is legally challenging

• IP-IT
• SME

The foundation and success of a trademark lies in the prior examination of the availability of a trademark as well as in the professionally prepared list of goods and services. Trademark application requires the highest level of knowledge in trademark law.

Trademark application: A matter of choice

The range of providers in the field of trademark applications is large, ranging from marketing experts and business consultants to all-inclusive offers with a money-back guarantee. Prima vista, the trademark application process is user-friendly and entertaining. However, if no consideration is given to the existing official practice and the applicable law, the trademark owner usually suffers the consequences.

Preparation before filing a trademark application

When filing a trademark application, the trademark office does not check whether a similar or identical earlier trademark already holds protection. Such an older trademark has the potential to cause lasting damage to the brand image of a company and its market presence. Therefore, a search for the availability of a trademark as well as a legal analysis of the search results is indispensable.

Hurdles along a trademark application

The basis of every trademark is the list of goods and services (consisting of classes). Besides the choice of compliant wording of the goods and services, the practice of the office is decisive. If classes are forgotten, goods and services are wrongly classified or too vague formulations are used, the trademark registration drags on into a lengthy and nerve-racking process. Additional financial costs arise.

Dangers after trademark registration

When registering a trademark, the trademark office does not check whether older similar or identical trademarks are registered. Older trademarks therefore have the possibility to oppose potentially infringing trademarks. With a professional search prior to trademark application, costly opposition or lawsuit proceedings can be avoided, since a search result provides information about trademark collisions and allows to adjust trademark type and classes in order to reduce collisions.

It becomes obvious that trademarks can be protected without professional support and that such trademark applications can also run smoothly. However, experience shows that this is rarely the case. The investment in legal advice and assistance with the trademark application pays off in the long run, both financially and emotionally.

We will be happy to advise you on your way to a successful trademark registration – right from the beginning.

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