Company Search
company names enjoy a certain protection. The “company research” searches whether there is already a company name that the trademark to be registered could possibly infringe.
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Company Search
company name registered in the commercial register offers a certain degree of protection. In the case of registered companies, the spatial protection is limited to the place of entry including the relevant economic area (Art. 946 Paragraph 1 OR).
During the company search it is checked whether a company name has already been registered that has older rights than the trademark to be registered. There are also certain special regulations such as those that apply to names in Portugal and Spain.
Especially when registering an EU trademark, it can be very quick that hundreds of companies with the same or similar names to the trademark to be registered can be found. It must then be checked, mostly manually, in which area the companies are active. If you work in the area of the trademark to be registered, additional research is necessary.
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Frequently asked questions
What is a trademark?
A trademark can be a sign of all kinds, in particular words, including personal names, or images, letters, numbers, colors, the shape or packaging of the goods or sounds, insofar as such signs are capable of distinguishing the goods or services of one company from those of other companies and to be presented clearly and unambiguously.
Why is it important to trademark your brand?
A trademark application or an entry in the official EUIPO trademark register can increase the value of your brand and the company. A registered trademark offers protection and reputation because the registration of the trademark grants its owner an exclusive right of use. Third parties can be prohibited from using the brand.
How much to register a trademark?
In the best case, the pure official fees are 850 euros, in the most expensive 1800 euros. A nice class is always included, a second class costs 50 euros and each further then 150 euros in pure official fees. Litigation can result in significantly higher costs if, for example, a mark in a Nice class has not been used for more than 5 years.
How long will be the EU trademark protected?
The protection of the EU trademark lasts 10 years from the registration date and can be extended for 10 years at a time.
What are the types of trademarks that can be protected?
The most common is the wordmark and figurative mark (logo or design). A wordmark consists exclusively of words or letters, numbers, other typographic symbols. Figurative marks (logos or designs) are marks in which non-standardized characters, stylizations, or layouts, or colors are used.
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