The Basics of Trademark Law
If you’re building a brand, it’s crucial to think about protection early on. Trademark law determines who is allowed to use a brand—and who isn’t. A trademark protects your product names and your company name from unauthorized use by third parties. It plays a key role in maintaining the recognition and reputation of your business.
On this page, we provide an overview of what matters most. You’ll learn what trademark protection entails, how the registration process works, and why clear rules are essential. This offers an accessible introduction to a complex legal field.
The Exclusive Right to Use a Trademark
By registering a trademark—whether nationally (e.g., with the German Patent and Trademark Office or the Swiss IPI) or EU-wide with the EUIPO—the trademark owner obtains the exclusive right to use the trademark for the specific goods and services listed. As a result, the owner can prohibit others from using the same or a similar mark for identical or related products or services. Trademark registration is a cornerstone in protecting your brand and securing the investment you’ve made in building it.
The Attention and Quality Function of a Trademark
A brand helps people to find the product or service they are looking for more quickly. Strong brands can convey the quality promise made by providers over many years with just a few signs. Because trademark protection can be extended as often as required, they are virtually “eternal”. Successful examples of brands that have been protected for decades include “BMW”, “Coca-Cola” and “Persil”.
Territorial Scope of Protection
Trademarks are registered for individual countries or regional organizations, such as the European Union. Trademark protection is therefore territorially limited. Before filing an application, companies should carefully consider which countries are relevant to their current or future key markets. It is equally important to clearly define the goods and services for which protection is sought—a factor that is often underestimated by applicants.
Our Trademark Law Services
Our trademark law specialists assist you with trademark registration and beyond. We defend your trademark against imitation and represent you in case of legal disputes. We help you obtain and maintain comprehensive trademark protection in Germany, Switzerland, or internationally.
Identity Search Before Trademark Registration
As part of our online identity search, we assess whether your desired wordmark or logo is likely to be successfully registered as a trademark in Germany, the EU, or Switzerland. This process helps you avoid conflicts with existing rights and increases your chances of successful registration. It protects you from legal risks and safeguards your investment.
Geographical Scope of Trademark Protection and Trademark Filings
We assist with national trademark applications in Germany, Switzerland, and the European Union. In addition, we support international applications through cooperation with countries that are members of the Madrid Agreement, including the United States. This allows for cost-effective trademark registration worldwide.
Trademark Watch Services – Monitoring for Potential Conflicts
Upon request, we continuously monitor new trademark applications for potential conflicts with your existing rights. Early identification of possible trademark collisions allows you to take targeted legal action. This helps preserve the value and distinctiveness of your brand.
Options in Case of Trademark Conflicts
If a potential conflict arises, two key legal options are typically available: filing an opposition against the newer trademark application or negotiating a coexistence agreement based on prior rights. Both approaches help maintain effective protection of your trademark.
Litigation and Legal Representation in Trademark Disputes
Should legal action be necessary—whether you are enforcing your rights against an infringer or defending yourself against a third-party claim—we can represent you before the courts in both Germany and Switzerland.
Effective Trademark Protection Starts with Strategy and Ongoing Monitoring
We are here to support you every step of the way.
Do you have questions about trademark law? Don’t hesitate to contact us—our team will be happy to advise you.
