Trademark protection


Trademark pro­tec­tion by reg­is­tra­tion

Trademark pro­tec­tion is usually obtained by filing a trademark ap­pli­ca­tion at a patent and trademark office. After a suc­cess­ful ex­am­i­na­tion by the Office and expiry of the statutory op­po­si­tion period without op­po­si­tion by pro­pri­etors of existing third party rights, the trademark is reg­is­tered in the claimed extent. Attention should be paid to the fact that patent and trademark offices do not conduct a com­pre­hen­sive trademark search, but only an ex­am­i­na­tion of the ap­pli­ca­tion as to absolute reasons for refusal. Such obstacles that arise, for instance, if a name is de­scrip­tive, immoral or inciting, will result in a refusal of trademark pro­tec­tion by the Office.

Avoid trademark conflicts by con­duct­ing trademark searches first and then applying for trademark pro­tec­tion

Many companies are surprised if so called trademark col­li­sions arise and their brand name is being attacked because of its sim­i­lar­i­ty or identity to an already reg­is­tered third party right. They often result in in­junc­tions against and claim damages from the holders of prior rights. The reasons are either because the opponent’s trademark is already reg­is­tered for a longer period, or because it is already well-known in the target public due to a longtime use. In order to avoid such - mostly expensive and long-last­ing – conflicts, innomark conducts com­pre­hen­sive trademark searches prior to a trademark ap­pli­ca­tion and examines the legal avail­abil­i­ty of a name.

A trademark increases your company value

A reg­is­tered trademark points out the quality of the offered products and services, trans­ports your corporate phi­los­o­phy and helps you to achieve your own brand identity. Moreover it enables a dif­fer­en­ti­a­tion from com­peti­tors and con­sti­tutes a con­sid­er­able financial asset. If you don’t have the time for a new brand name de­vel­op­ment, com­pre­hen­sive trademark search and the wait for suc­cess­ful trademark reg­is­tra­tion, our branding agency also offers the pro­cure­ment of already reg­is­tered stock brands and stock domain names. The advantage of pur­chas­ing such an existing brand and/or domain name right is that the legally compliant reg­is­tra­tion and pro­tec­tion is already completed and the name is im­me­di­ate­ly available. It allows the cir­cum­ven­tion of the creative process and the un­cer­tain­ty whether an ap­pro­pri­ate name will be found, as well as the even­tu­al­ly long-last­ing ex­am­i­na­tion period until the final reg­is­tra­tion of a name in a trademark register.