trade mark

A trade-mark serves as a means of distinguishing goods and services of your company from the goods and services of your competitors.

Alike to the label 'made in Germany' a trade-mark designates the origin of the product it has been labeled to; the designation of the origin is the essential property and function of a trade-mark and its use.

That's why a company-brand, a product-designation or a logo designating the producer, can constitute trade-mark-like rights: Being used like a trade-mark they have developed the respective, essential property: designation of the origin.

The established deduction of the producer of a certain good or service by trade-mark-like use is a priceless property generated in the minds of your customers; such property is essential to business and protected by the law. However, said property is intangible and can only be proven by extensive, costly surveys within the relevant market. 

The registration of a trade-mark allows you, to enforce your rights concerning an origin-designating sign or term much more directly and effectively, referring to your registered right. However, as a trade-mark like use may constitute trade-mark like rights, a respective non-use or wrong use of your trade-mark may also endanger the validity of your trade-mark.

In view of these circumstances, we strongly encourage companies, to register at least the already established marks and origin-designating signs. Especially when the sales of large numbers of items are concerned, a consistent and uniform trade-mark strategy in combination with controlled, documented trade-mark like use is highly advisable; such will help avoid problems of validity of your respective rights.

We will gladly assist you in application, supervision, service and enforcement of trade-marks and trade-mark-strategies.

Ask us.