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TM-Conqueror: Trademark law in Germany, Europe and the World

trademark application, trade mark infringement, German trademark law, EU trademarks, IR, national trademark protection, trademark analysis, trademark portfolio management

Trademark law services

Our Fees

A catalogue of our services.

Consultation
Trademark Registration
Research
TM Application - Our Packages

Frequently asked questions about trademark law (FAQ)

What is the difference between property right searches and user searches?

The property right search checks whether a trademark is already protected. The use search checks whether third parties infringe the rights of an already registered trademark.

What is the difference between identity search and similarity search?

In an identity search, exactly the same name is searched for. A similarity search is used to find names or logos that resemble a specific trademark.

How far does a search go?

The search – i.e. the search – covers German trade marks applied for and registered, registers of European Community trade marks, and international registers. The scope of the search depends on the use of the trademark.

What is the difference between brands and names?

From the point of view of the trademark application there is no difference.

Can I search for brands myself?

Yes, but to be really sure, a professional search strategy in different databases is absolutely necessary.

The trademark conquerors have the necessary experience and expertise, can analyse the result and summarise it in a report.

In the case of trademarks, a warning is often issued for likelihood of confusion. The complexity requires a professional search strategy in different databases.

The significance of a professional search is decisive.

For reasons of liability and the necessary independence, we recommend that you conduct your research via a neutral provider in the case of brand or domain sales and conflict situations.

Spoiler title

Absolute protection obstacles are:

  • there is too great a similarity between the mark and an already registered mark, its goods and services
  • deceptive indications
  • the trademark consists exclusively of signs or indications in ordinary language.

There are also relative barriers to protection and insurmountable obstacles to protection.

What does (D), (EU) and (IR) means?

(D), (EU) and (IR) describe the provenience of the trademark:

  • (D) = Deutschland, Germany
  • (EU) = Europäische Gemeinschaft, European Union
  • (IR) = Internationale Registrierung, International Registration
Which states belong to the EU (European Community)?

European States: Belgium, Bulgaria, Romania, Czech Republic, Denmark, Germany, Estonia, Greece, Spain, France, Ireland, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Slovenia, Slovakia, Finland, Sweden and United Kingdom. (as of 2020)

What are the contracting states under MMA (Madrid Agreement)?
What is a grace period?

The grace period for use is the period from the date of filing of the application for a trade mark. The period is five years from the filing of the trademark application. During this period, the trademark cannot be cancelled.

Legal Qualification

We can handle trademark legal cases thanks to the following qualifications:

Attorneys
The trademarks conquerors are attorneys/lawyers/legal specialists/patent attorneys for the field of trademark protection and trademark law.
Specialized Attorneys
The trademark conquerors have lawyers who are qualified as specialist lawyers for industrial property rights (including trademark law) and specialist lawyers for copyright and media law.
Patent Attorneys
If necessary, one of our patent attorneys will be consulted.

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