A trademark can be of considerable value to a business. It is therefore crucial to have the trademark protected. An infringement of a trademark can give rise to claims for damages.
Cologne, NRW -- (SBWIRE) -- 10/21/2014 -- GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London – http://www.grprainer.com/en conclude: The more well-known a trademark becomes, the greater its value to the business – whether international or national. In order to prevent third parties unintentionally profiting from a good brand name, it is important to protect and register the trademark. In doing so, it is a good idea to determine the territorial sphere of activity. In principle, the trademark is initially considered to be protected within the borders of the country in which it was entered into a trademark register. However, it may be necessary to expand the scope of protection beyond these borders.
A trademark allows a business to differentiate itself from the goods and services of competitors. The trademark becomes protected by being entered into the trademark register, i.e. others are not allowed to use this trademark for their own purposes. If the trademark right is infringed, claims for damages or injunctive relief can be asserted. As a matter of principle, any symbol can be registered as a trademark which is suitable for distinguishing one’s own goods or services from those of competitors. This includes word marks, figurative marks, three-dimensional marks, sound marks and tracer marks. By registering the trademark, the owner of the trademark acquires the exclusive right of use. Having said this, third parties can also be granted a right of use (trademark license).
Care must obviously be taken when registering the trademark that no third-party rights are infringed. One should therefore rely on the assistance of lawyers competent in the field of trademark law in the process of registering a trademark. They can also examine whether a trademark right has been infringed – including in view of the continuously changing and, to some extent, contradictory case law. In doing so, it is important to observe the case law of international courts. The financial damage in the event of an infringement of a trademark right can be enormous. For this reason, you should draw on the support of competent lawyers at an early stage.
About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London UK.
Contact Michael Rainer
Lawyer, Managing Partner
GRP Rainer LLP
Phone: +49 221-27 22 75-0