Registered trademark

Reg­is­tered
trademark

Your brand name is a symbol for the quality and value of your business – protect it!

Pro­tect­ing your trademark is very important, since a brand name should be as unique and dis­tinc­tive as the quality and corporate values of your business. A reg­is­tered trademark, rep­re­sent­ing an ac­count­able asset, is obtained by filing a trademark ap­pli­ca­tion for the selected sign with a Patent and Trademark Office that comes to reg­is­tra­tion. From the time of its reg­is­tra­tion, a brand name must not be used from com­peti­tors in identical or similar form in the specified classes and countries. During the first five years after reg­is­tra­tion, there is even no mandatory use of the brand name. Only after the expiry of a period of five years from the reg­is­tra­tion date, the trademark pro­pri­etor should prove the use of his brand name – otherwise a can­cel­la­tion of the reg­is­tra­tion because of non-use may be applied from third parties. Unlike a patent, for example, a trademark is renewable without lim­i­ta­tion, provided that the renewal fee has been paid every ten years.

Stock brands are a con­sid­er­able solution if an ad-hoc trademark is required

If a project is par­tic­u­lar­ly time-crit­i­cal and a reg­is­tered trademark is urgently required, we also offer, along with the in­di­vid­u­al brand name de­vel­op­ment, the service of in­ter­me­di­a­tion and sale of already reg­is­tered stock brand names and stock domain names. With that service, called „IP-Stock“, we make use of the extensive portfolio of already reg­is­tered and unused stock brand names and stock domain names of our numerous clients. It mostly contains trade­marks which have been com­pre­hen­sive­ly re­searched and reg­is­tered, often along with the according domain names. Resorting to the existing portfolio of such reg­is­tered trade­marks offers a con­sid­er­able time advantage and avoids possible op­po­si­tion pro­ceed­ings during the trademark reg­is­tra­tion period. In addition, the risk of un­avail­abil­i­ty of according domain names or un­cer­tain­ty about a suc­cess­ful name creation procedure can be elim­i­nat­ed in advance.

The im­por­tance of mon­i­tor­ing reg­is­tered trade­marks

From the date of reg­is­tra­tion, a trademark should be subject to a regular mon­i­tor­ing and, if necessary, an active defense. When examining a sign for trademark ap­pli­ca­tion, Patent and Trademark Offices generally do not check whether there is a risk for existing reg­is­tered trade­marks. For that, a regular brand mon­i­tor­ing should be carried out. On request, innomark can perform a con­tin­u­ous brand mon­i­tor­ing of your reg­is­tered trade­marks with regard to possible con­flict­ing, younger rights. Brand mon­i­tor­ing will reveal possible similar third party rights that have been applied for reg­is­tra­tion after the reg­is­tra­tion date of your trade­marks. This gives you the option to react within the legal op­po­si­tion period, without the need of expensive and time-con­sum­ing legal pro­ceed­ings. By an official ini­ti­a­tion of op­po­si­tion and can­cel­la­tion pro­ceed­ings, brand conflicts can be avoided in a more cost-ef­fec­tive and quick way, and your trademark rights will not be diluted by a multitude of similar, younger rights.

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