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[ + Business logo ]
[ + Usage and brand registration ]
[ + Domain names ]
Each company, each product or each service has a name in order to create identity. It must
be possible to protect this name or logo in the legal sense to exclude others - particularly
competitors - from using the same or a similar name. This should be checked at the outset when
choosing a name and designing a trademark and then steps should be taken to have it protected.
The later a legal conflict occurs, the higher the costs a possible injunction suit will bring
with it. |
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In the case of business logos a difference must be made between company logos and product logos. Company logos either describe the owner or the company (or a business enterprise). On the other hand, product logos describe goods, services or works. Work titles are the names or special descriptions of block letters, film, audio or comparable works.
Since a logo individualises the bearer and is to be distinguished in this way from other companies or products, only those logos can enjoy legal protection that are considered to be "able to be differentiated". Generic terms and describing statements can therefore basically be protected. As a brand all signs, in particular words, images, figures, sounds, letters, three-dimensional figures including the shape of the goods or their packaging can be protected.
How the protection of a logo originates is decided by its type. Even when used in business transactions a company logo and work title can be virtually protected. A registration in a brand register or the commercial register isn't really necessary. However, to simplify proof that we are dealing with a protected logo, it is highly recommendable to have the brand registered in a brand register or to have the work title published in a title protection gazette. |
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Before choosing a name as a differentiating characteristic for your own company, product or service you should, however, also ascertain that a third party isn't already using this or a similar name for the same or similar purposes.
Hence, comprehensive research is necessary and should be performed by a service provider specialised in this field. If the research and subsequent check of possible collisions is omitted, there is a risk of an injunction action and damage claims being asserted in the case of a infringement of logos which already exist.
A brand can be registered throughout Germany, Europe or worldwide. The registration in Germany should be made at the German Patent and Trademarks Office, in Europe at the Harmonisation Office and internationally via the WIPO. |
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A protected URL doesn't mean it's a protected name. Domain names only enjoy the status of independent protection if they represent a company logo or a work title. Otherwise they are not protected - apart from if they have been registered as a brand in a brand register. Registering with a domain allocation office plays no role in this respect.
If the logo has been legally protected, the brand owner can defend himself against the risk of confusion with other logos by means of his protected logo (omission, damage claims, etc.). |
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01 analysis
target groups
competition
company/product
02 strategy
brand vision and core values
brand positioning
brand architecture
naming
brand management
brand protection
brand strategy
03 identity
corporate design
corporate behaviour
corporate communication
04 communication
communication strategy
literature
campaign
Internet
packaging
direct marketing
trade marketing
customers' magazine
05 control
implementation
monitoring
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