Brands are an elementary means for customer loyalty. They ensure recognition, promote the opening of communities and lay the foundation for the long-term fortune of companies. Brands entail the vows to reflect the identity and the quality characteristics of a company as well as possible.

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Where are the differences between the different types of brands and which ones you even more than the terms Word and figurative mark as Word graphic mark Knowing how to do it, you are routine in this obligation.

That brand value: Why are (word) brands valuable?

The ability, stand still on behalf of one company, gives this brand its number. If this brand building succeeds, buyers associate this fire with composing special purpose, positive values and composing certain lifestyle. In addition, brands not only have an ideal number, but also have measurable monetary ones in the same sense: the fire value or fire equity.

This Brand equity quantifies the yardstick by which the brand uses Article of the manufacturer promotes. It is hard to trust and yet true: the brands Apple or Amazon, for example, are worth more on their own like that Gross domestic product of countries like the Czech Republic or Portugal.

As a result, these companies are largely motivated by the fact that no other company uses its own brand. The trademark law offers the possibility of which values in the form of Word marks, figurative marks, word and graphic marks and to have others protected.

Trademark law: trademarks are intellectual property 

Under German law are brands in the sense of trademarks intellectual property. The owner of this trademark enjoys an intangible monopoly right. He or she lonely is legitimate to use the trademark in connection with protected products and services, or to allow use by third parties.

This gives a brand owner the opportunity to take legal action against violations. The handle includes several instruments, including:  

  • Rights of inspection and information,

  • Admonition,

  • Injunction,

  • Claim for damages and 

  • the destruction of illegal products.

Trademark law knows different types of trademarks. In this context, the word mark, the figurative mark and the combined word-graphic mark are the most common Brand forms.

Word mark vs. word / figurative mark: where is this difference?

Figurative marks protect graphic design elements. They apply to the conception regardless of the content. In this context, depending on the individual case, this protective mechanism can be long-lasting in the same sense, in addition to several color variants, different modes of representation. A typical thought pattern for a figurative mark is the well-known “Swoosh” logo from Nike.

Pictorial mark Swoosh logo by NikeImage source

Word graphic marks however, protect the concatenation of a meaningful string of characters and a graphic design. One thought pattern is “Pepsi” with the ring logo and the characteristic Pepsi lettering in this distinctive font.

Word image brand Pepsi lettering

Image source

Logos can be protected, depending on the design, such as a figurative mark or a word-graphic mark. The registration of this word and graphic mark protects against this misuse of the pure wording in the same sense. But only as long as this wording can be protected on its own. It can be useful two types of brands to be entered at the same timeto compensate for the disadvantages of this word-graphic brand.

Which one protects a word mark?

The word mark protects the right to use a word in connection with goods and services. In this context, this owner enjoys a protective mechanism in three aspects with decreasing priority:

  1. Identity protection protects against products under false names and product piracy. With identity protection, a no-name manufacturer without a license is not allowed to label his product with a third-party brand name or image. For example, if this manufacturer produces a game piece, it is not allowed to advertise it as "Disney Princess".

  2. Protection against confusion precludes a manufacturer from offering similar products under a similar brand to a competitor. That no-name manufacturer is not allowed to label its toys with the name "Dysney" in the same way.

  3. Awareness protection protects the owner from unauthorized use of the Awareness of your brand. That would come into play when a tour operator calls itself "Disney". On the basis of this, the trademark owner only receives a protective mechanism if the misuse is obvious. The trademark protection per word mark is valid for 10 years from the date of registration. You can extend the protection mechanism as often as you like.

Check a word mark

Before you invest in branding, consider the Protectability and availability Check your word mark. The test is essential in all relevant product and performance classes and in all countries in which you want to work. Additionally that European Union Intellectual Property Office you can determine the availability of a brand using two different databases.

At what time can the word mark be protected?

A word mark can be protected if it meets certain criteria. These include the following:

  • There are not any coat of arms recognized by government and international organizations.

  • There are no improper or immoral and kept free Terms to recognize.

  • The brand has sufficient Distinctive character.

That excludes mere descriptions and terms used x times in an industry context or in general in marketing. These should be freely available for general use. Thinking pattern: The word "Juice" (English: "Saft") is disqualified like the word mark for a beverages manufacturer, but can be registered by an electrician as a trademark. 

The German Patent and Trade Mark Office (DPMA) is committed to examining the ability to be protected as part of this registration. You can also find all specifications on the protectability of a trademark on this website of the DPMAs.

Subject area availability: is that word already protected?

the Availability a brand is more difficult to test. In connection with this registration, it is not checked whether the trademark conflicts with existing property rights. In addition, it is your own responsibility to ensure that your chosen brand has not yet been protected by those with a sweet tooth for the intended deposit. You can do this yourself in the Research portal of the DPMA and search in the registers of all other affected countries. In contrast to this, it often makes sense to commission an expert who can correctly appreciate borderline cases in the same sense. Otherwise, there is a risk that afterwards high investments in brand development will be lost due to third-placed claims - and, in the worst case, even compensation will be demanded.

Have your own word mark protected

You can get a word mark in Germany at Register the patent and trademark office. Here you propose the international protection mechanism for your word mark in the same way.

How do you protect composed names?

Simply submit the request via Online registration a. You can openly send your knowledge and choose which classes of goods and services this protection mechanism should apply to. After paying this registration fee and completing your application, your word mark is protected.

How much does a word mark cost?

In favor of applying for a word mark there is a price. the Registration fee per up to three classes of goods and services is 300 euros, whereby each additional class of goods costs 100 euros. The extension of a word mark costs 750 euros. You will also find the entire overview of fees as well as payment deadlines and information on this Side of the DPMA

How can this protective mechanism of a word mark move lost?

That trademark protection can also be done in several ways go out:

  1. After 10 years without renewal.

  2. By actively renouncing the use.

  3. In rare cases, this protection mechanism can become null and void due to errors in this entry.

The most important motivation for the deletion of existing trademarks is this objection by rights holders who have older and better rights. If you suspect that the trademark owner is composing an infringement, you can veneer the contradiction up to the trimester after this entry. In addition, you have the inexhaustible time of an action for cancellation.

Conclusion: clarify availability and protectability right from the start

Brands are valuable goods that are worthy of protection. The registration of a trademark is very simple, but associated with price in the same sense. That most important step pace after this development process one suitable brand name is the research in the sense of Availability and protectability. In the research portals of these respective countries you can check whether the brand is already protected for each of your product classes.

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Cover picture: Cavan Images / Cavan / Getty Images Plus

Smoke signal: This internet diary fee does not represent legal advice for your company. This obligation is only intended to provide background information for a better understanding. This legal information is not to be confused with legal mentoring, in which a lawyer applies the applicable law beyond your specific circumstances. From this point of view, we would like to point out clearly and unambiguously that if you need advice, you should consult a lawyer more than the interpretation of this information for your company or more than its correctness and completeness.

Originally published May 6, 2021, updated 6 May 2021

Original source Hubspot

Published On: May 6th, 2021 / Categories: Digitales Marketing /

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