Trademark and patent law in Germany and in the EU

Trademark rights are existing on national, European or international level and are therefore called national trademarks, EU trademarks and IR trademarks depending on the territorial domain. Word marks, blips and sound marks are protected in order to distinguish goods and services of competitive manufacturers and to differentiate them for the consumer. Trademarks are generated either by registration, use and getting general acceptance in trade or by being well-known.

The trademark owner can either be a natural or a juristic person or a judicable ordinary partnership. The trademark owner is allowed to claim damages as well as claim to forbearance. The protection of a registered mark is applicable for ten years. Then it is possible to extend the protection for another ten years as often as you may like.

In Germany the trademark law is regulated in the law on the protection of trademarks and other distinguishing marks (trademark law).

Patents are granted for inventions which are new, which are based on inventory activities and which are commercially applicable. With the protection of his invention the patent owner is awarded the right to prohibit the use of his invention on anybody else. The scope of the patent protection is regulated in the patent claims. The terms of a patent amounts to twenty years after the date of the registration.

In Germany the patent right is regulated in the patent law.

take-e-way will be at your disposal for any further questions regarding the quite complex German Trademark and Patent Law and the corresponding protection procedure.