The application process for a trademark in Germany, in the EU and outside Europe.

Various application processes whereby the desired trademark protection can be achieved are possible “according to the requirement” of the future trademark proprietor.

German trademark protection

By applying for a national trademark at the German Patent and Trademark Office, the applicant can achieve protection for the trademark within the borders of Germany.

Community trademark within the European Union

If you require protection for your new trademark within the European Union EU, application for the trademark at the so-called Office for Harmonization in the Internal Market is the correct procedure since protection for the entire economic area of the European Union can then be made by ONE application.

Trademark abroad outside Europe

If you also require protection for your new trademark outside the European Union, depending on the countries in which your trademark is to obtain protection, the national application for your trademark in the desired country can be appropriate or - again depending on the aim - a registration of your trademark as a so-called internationally registered trademark can have the desired result.

International trademark application IR application

In the case of an International Trademark  Application, your trademark is entered in an international register which is administered at the WIPO (World Intellectual Property Office) in Geneva. As a result a large number of countries in which your trademark is to be protected can be achieved with only one application.

Your rights as trademark proprietor

A protected trademark ensures that the proprietor of the trademark has the right to exclude third parties from using “his” trademark in connection with the goods and services registered under the trademark, he can therefore prohibit third parties from using “his” trademark. The proprietor of the trademark can therefore “keep third parties at a distance” with the aid of the trademark and strengthen his own position in the market.

This can have far-reaching consequences for the third parties since the proprietor’s right of prohibition extends not only to the illegal use of “his” trademark but also to designations which can be confused with “his” trademark, i.e. for example the use of “rex” in the case of a fictitiously registered trademark “recks”.

Here also well-found advice is essential.