Have a logo protected – what to look out for

You can have a logo protected at any time. This protects you from imitation or adoption by third parties.

Logos in particular have an important effect in the business environment. Your logo represents your company and your brand. It makes a lasting and sustainable contribution to economic success.

A well-designed and maintained logo with recognition value has a correspondingly high value.

Would you like to protect your logo and do not know how? Call us at (040) 3501 6360 or send us an email to info@kanzlei-bennek.de

Contents of this Page

1. That’s why you should have your logo protected?
2. Copyright or trademark law – both scenarios are possible
3. Have your logo protected at the German Patent and Trademark Office
4. What can companies expect in the event of trademark infringement?
5. How long does the logo protection last?
6. Europe-wide logo protection is also possible at any time
7. Protect your logo in a legally certain manner – trust only real specialists
8. What we do for your company with regard to logo protection
9. Have a logo protected – we are there for you

1. That’s why you should have your logo protected?

1. 1. A good logo gives you a positive first impression.
   2. It represents the identity and intention of your company.
   3. A well-designed logo arouses interest and curiosity.
   4. Having your own logo sets your company and brand apart from the competition.
   5. Logos sustainably support brand loyalty.
   6. A logo represents companies on all channels.

2. Copyright or trademark law – both scenarios are possible

Before you have a logo protected, you should always conduct a trademark search first.

A good place to start for this is the database of the DPMA (German Patent and Trademark Office). Here, all registered and applied for trademarks as well as all rejected trademarks are registered and publicly accessible.

You have to distinguish between two different scenarios. On the one hand, you can register your logo as a trademark. In some cases, however, a logo can also fall under copyright.

If your logo is a graphic representation with integrated text, it is a combination of a logotype and a logomark.

A logo in the form of a purely graphic representation without text is a logomark. In the case of a logomark, only the graphic elements are protected, whereas in the case of a combination logotype/logomark, logo protection also includes letters, numbers or other written elements, regardless of their arrangement and spelling.

3. Have your logo protected at the German Patent and Trademark Office

If you decide to protect your company’s logo at the German Patent and Trademark Office, you will receive the exclusive right to use the logo as a label.

This means that you may market all products or services offered by your company under this logo.

4. What can companies expect in the event of trademark infringement?

If another company uses an identical logo, it commits a trademark infringement. It is often sufficient for a trademark infringement if a similar logo is used.

This applies to a protected logomark as well as to an identical symbol. If this results in an infringement of trademark rights by another company, this will in most cases result in a warning letter plus a corresponding cease-and-desist declaration.

5. How long does the logo protection last?

If you register and protect your logo as a trademark, no other company may use an identical or similar symbol within the next ten years.

After these ten years, you can extend the trademark protection for another ten years by paying a fee.

Do you need legal support to protect your new logo? Call us (040) 3501 6360 or write us an e-mail to info@kanzlei-bennek.de.

This goes on and on: every ten years, the trademark or logo protection must be renewed. However, if you register your logo as a design and not as a trademark, the protection of your logo is always limited to 25 years.

6. Europe-wide logo protection is also possible at any time

If your company operates throughout Europe, it is advisable to register the logo directly with the EUIPO (EU Intellectual Property Office).

Then the logo is protected as a European Trademark (“Unionsmarke” in German).

Alternatively, you can also register your EU logo as a Union certification mark (“Unionsgewährleistungsmarke” in German). In this case, you not only protect your logo, but at the same time you also protect particular characteristics of products or services that bear the logo.

7. Protect your logo in a legally certain manner – trust only real specialists

To protect a logo comprehensively and in a legally certain manner, you need comprehensive legal knowledge. Even the smallest mistakes in implementation can be costly for you and your company.

As a law firm specializing in intellectual property rights, we also specialize in trademark law and copyright law. We will take care of all the tasks involved in protecting your logo in a legally certain manner.

8. What we do for your company with regard to logo protection

8.1. Examination of general protectability

If you want to have your logo protected, you have to meet certain legal requirements for a successful registration at the German Trademark and Patent Office or also at the EUIPO. In addition, the respective scope of protection must fit your business model.

8.2. Careful and legally certain logo research

The trademark offices themselves do not check in advance whether another company has already registered and protected an identical or similar logo. If this is the case, however, you yourself may be infringing the rights of existing logo trademarks.

This inevitably leads to legal disputes. We conduct a careful and legally certain logo research for you in advance. Thereby we guarantee legal certainty

8.3. Have your logo registered and protected

Finally, we define the optimal scope of protection for your logo and register it as a trademark or design. If legal disputes arise in this regard, we will specifically work to enforce your interests and rights.

9. Have a logo protected – we are there for you

If you want to have your logo protected in a legally certain manner, you should not make any compromises. We offer you legal assistance from specialist lawyers who are qualified to deal with specific topics.

For you, this means legal certainty and logo protection that meets all requirements. Get in touch with us. We will be happy to advise and inform you about the optimal protection of your logo.

Image credits: Image 1: © Randolf Berold / PantherMedia / Image 2: © Arcady / PantherMedia