General

When can I use the Registered symbol?

When can I use the Registered symbol?

The symbol R in a circle should only be used after the trademark has been registered in the trademark register (and only as long as it is registered). This sign should be placed exactly after the brand that is actually registered in order to avoid being misled.

When can TM be used?

Without a registered trademark, the use of TM or regularly is anti-competitive. If you use the TM symbol or in Germany without owning a trademark, then this is anti-competitive and can be warned (BGH judgment from I ZR 219/06 Thermoroll (OLG Karlsruhe)).

How do I type the R in a circle?

Keyboard shortcuts for the Registered character in Windows Press and hold the key [Alt]. Then type in “0174” on your numeric keypad. Release the Alt key and the character appears. If the key combination does not work, you can also insert the registered character using Copy & Paste:.

What is trademark protection?

A trademark is used to identify the goods or services of a company. A company can protect itself from imitators by registering its trademark with the Patent and Trademark Office. All signs that can be used to distinguish what one company offers from that of other companies are eligible for protection.

What or who can be protected as a trademark?

Signs that are capable of distinguishing the goods and / or services of one company from those of other companies are eligible for protection. This can be, for example, words, letters, numbers, images, but also colors, holograms, multimedia characters and sounds.

Where can I see if the name is protected?

You can search the databases free of charge. Another free, simple trademark check that finds registered trademarks in the registers of the DPMA, OHIM and WIPO (responsible for international trademark registrations) with protection in Germany is, for example, tulex.de and MarkenChk.de.

What does it cost to have a name protected?

For the trademark application you have to pay fees for the registration (for three classes of goods or services) and any other fees from the fourth class onwards. The trademark registration costs 300 €, the costs for trademark protection from the fourth grade onwards amount to 100 € for each additional class.

How can I view a patent?

You can find the register at: http://www.depatisnet.de (search website of the German Patent and Trademark Office DPMA) http://worldwide.espacenet.com (EPO database of the European Patent Office) http://www.uspto.gov ( U.S. Patent Office) https://patents.google.com/ (Google patent search and prior art search)

Can I get a name protected?

A trademark application at the German Patent and Trademark Office is required for trademark protection in Germany. International or European trademarks are to be protected by the European Union Intellectual Property Office.

What do you need to patent a name?

The bad news is that names cannot be patented at all. Only technical inventions (for example from process engineering or biotechnology) can be patented. Patent law applies here. A name or a logo are subject to trademark protection, which is derived from trademark law.

How can you secure naming rights?

Registration with the DPMA: After successfully completing the trademark search, the trademark can be registered with the German Patent and Trademark Office (DPMA) in order to be able to secure the name rights. This can also be done using an online tool. Acknowledgment of receipt: The DPMA then sends an acknowledgment of receipt.

Can you have a word patented?

Protect terms or names: DPMA, EUIPO or WIPO If you want to register a trademark in Germany, you have to contact the German Patent and Trademark Office (DPMA) in Munich. The registration must be made in writing. However, you can do that online.

How much does it cost to patent a name?

The name protection costs at the German Patent and Trademark Office (here names are legally protected throughout Germany) are 300 euros (290 euros for electronic registration) for a name (a brand) to which one to three classes of goods and services can be assigned.

How can you get something patented?

If you would like to apply for a patent for an invention as part of your business idea, a detailed examination by the patent office is required when applying for a patent. You have to prepare extensive documents in order to apply for a patent.

Can you have a color protected?

Since 1995, colors can be registered and legally protected at the German Patent and Trademark Office (DPMA for short) as color trademarks. But only if certain requirements are met.

Which colors are protected?

The best-known German protected colors are Lufthansa yellow (Pantone 1235 C), Telekom magenta (RAL 4010), Dresdner Bank green (RAL 368), ADAC yellow (RAL 1021) and Sparkasse red (HKS 13).

How can I protect my logo?

You can use a word / figurative mark to protect your logo and name together. A logo is usually protected by registering as a trademark with the DPMA. Experts usually refer to such a graphic element as a figurative mark.

What does a word mark protect?

A word mark offers protection against the use of identical or similar words, letters or numbers by third parties for identical or similar goods or services.

What is a word mark?

The pure word mark consists exclusively of letters or numbers without any graphic design. The font used is also irrelevant. The opposite is the purely figurative mark. The figurative mark consists exclusively of graphic design elements without letters and numbers.

Why have a trademark protected?

One of the main reasons is certainly the trademark protection that the registration of a trademark provides. If you want to protect the name of your company, then the common way is to register a trademark. Companies that are new to the market in particular can use it to protect themselves from competitors.

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