Trademark protection
What Does Trademark Protection Mean?
Trademark protection encompasses all legal measures used to safeguard a sign that identifies the commercial origin of goods or services. This includes word marks (such as the Coca-Cola script), figurative marks (such as the Mercedes star), and combined word-and-figurative marks (such as the Lacoste name paired with the crocodile). Logos, slogans, domain names and elements of corporate design can also be protected against unauthorised use by third parties, provided they function as indicators of origin.
The principal purpose of trademark protection is to secure a brand as a clearly identifiable commercial asset and to prevent its imitation by others.
Legal protection is generally obtained through registration in an official trademark register, typically with the German Patent and Trade Mark Office (DPMA). In certain circumstances, however, protection may also arise without registration – for instance through well-known marks or through intensive use if consumers perceive the sign as an indication of origin.
Examples of Trademark Protection
A well-known illustration of how far-reaching trademark protection can be is the long-running dispute surrounding Paulaner’s Spezi bottle. The brewery successfully brought several actions against competitors whose bottle designs were considered too similar. In 2025, the Regional Court of Munich I once again ruled in Paulaner’s favour. The court held that the coloured wave pattern and the specific combination of colours used on the Spezi bottle constituted a protected colour mark and figurative mark. As a result, the competitor Berentzen had to withdraw its product “Mio Mio Cola+Orange Mische” in that design from the market and faced a penalty of up to €250,000 for non-compliance.
The case demonstrates that not only names, logos and words can be protected, but also colours, shapes and graphic design elements, provided consumers recognise them as indicators of origin. Paulaner itself had originally been on the opposite side of the dispute. The brewery Riegele had registered the name “Spezi” and demanded higher licence fees from Paulaner. Paulaner relied on an earlier agreement, and the Regional Court of Munich I later ruled that this agreement remained valid and could not be terminated.
Why Should a Brand Be Legally Protected?
Real-world examples show that trademark protection is essential for strong brands, as it provides companies with several key advantages.
The proprietor is entitled to use the mark solely for the goods and services for which it is registered. Third parties may not use identical or similar signs if this creates a likelihood of confusion.
Protection Against Imitation
Registration enables the owner to act against copies or misleading imitations, for example through cease-and-desist claims or other legal remedies.
Economic Value
A trademark is an intangible asset. It can be sold, licensed or used within franchise systems. Trademark rights provide the legal foundation for this. Well-known examples of franchising include fast-food chains such as McDonald’s, Burger King and Subway, where franchisees benefit significantly from the strength of the established brand.
Certainty in Brand Management
Without legal protection, a core element of a brand can suddenly be used or challenged by others. Trademark protection ensures clarity and stability in brand strategy and implementation.
How is a Trademark protected?
Although legal representation is advisable, it is not strictly required. The process from application to renewal generally includes the following steps:
Assessing the Mark’s Distincitveness
Before filing, it must be examined whether the mark is distinctive and whether any absolute grounds for refusal apply. Purely descriptive or overly generic terms cannot be protected.
Selecting the Nice Classes
Goods and services are categorised under the international Nice Classification. Companies choose the classes in which they seek protection. Identical marks may therefore coexist in different classes, provided no likelihood of confusion arises.
Filing the Application
A trademark can be registered with the DPMA (Germany), the EUIPO (EU-wide) or internationally via the WIPO Madrid System. Provisional protection begins on the filing date.
Examination by the Office
The authority examines whether the application meets formal requirements and whether any absolute grounds for refusal exist.
Registration and Publication
Once the examination is complete, the trademark is registered and published. Full protection applies from that moment onwards.
After registration, a use requirement applies: the mark must be genuinely used within five years; otherwise, it may be cancelled. Protection lasts ten years and can be renewed indefinitely in ten-year intervals.
What Does Trademark Protection Cost?
Costs depend on the desired scope of protection.
Germany (DPMA)
• €300 for up to three classes
• €100 for each additional class
• Renewal after ten years from €750
European Union (EUIPO)
• €850 for the first class
• €50 for the second class
• €150 for each further class
International Registration (WIPO)
Costs vary depending on the countries selected and their national fees. The application is filed via the DPMA or EUIPO.
How Can I Protect My Trademark Internationally?
National protection via the DPMA applies exclusively to Germany.
EU-wide protection is obtained by filing with the EUIPO; a single EU trade mark covers all 27 member states.
Through the WIPO Madrid System, protection can be extended to numerous countries worldwide. A national or EU trade mark serves as the required “base mark”.
Contact
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