You should know this terms from trademark law: Here for you a brief explaination of what you have to know.
If a mark is not graphically representable or lacks distinctiveness, these are, for example, characteristics which are called absolute grounds for refusal.
The professional search for names or logos that resemble a certain trademark is called similarity search.
If a mark is used in the course of trade and acquires a reputation beyond the relevant public, it is a trade mark for use.
The examination of whether third parties violate the rights of an already registered trademark is called a use search in technical language.
Grace Period for Use
During the grace period for use, the trade mark cannot be cancelled. The grace period for use starts with the application for a trade mark and lasts for five years.
Letters, pictograms, symbols or images of objects – two-dimensional designs such as pictures and graphic elements can be a figurative mark.
Requirement for availability
Competitors of a company want to use descriptive information about their goods or services freely. They need this information for advertising and there is therefore a need to keep it free.
The search for exactly the same name of a trademark is called identity search. For many entrepreneurs, the identity search is the first step towards a trademark application.
In order to be able to apply for a trade mark, it must be assigned to certain goods and/or services. The assignment is called class division.
By protecting his trademark, the trademark owner can license the trademark and demand a license fee from third parties who wish to use the trademark.
Words, letters, numbers, images, colours, acoustic signals and three-dimensional designs which distinguish the goods or services of one undertaking from those of another constitute a trade mark.
A brand that is simply known everywhere – that is, one that has achieved notoriety – is a brand of notoriety.
If a trademark is created by registration, it is a registered trademark. In addition, there are marks of notoriety or marks of use.
Relative Protection Barrier
Relative barriers to protection exist if an identical or similar trademark already exists and a new registration at the DPMA could therefore lead to a collision under trademark law.
The right to legal protection for intellectual property, inventions or trademarks is called property right.
Property Right Search
The technical term in trademark law for checking whether a trademark is already protected is called property right search.
Characteristics of a mark which enable it to be distinguished from other marks confer distinctive character.
Insurmountable protective obstacles
If, for example, a mark is similar to a State emblem, is contrary to public policy or to accepted principles of morality, it will not be registered. The technical term for this is insurmountable obstacles to protection.
If a sign is associated with a certain product (product identity) or company (identity of origin), the sign has a reputation with the public.
A word/figurative mark is a combination of a graphic and a logotype.
If a trademark consists of words, numbers, letters or other characters, the technical term for this is word mark.
Under trade mark law, protection is in principle available for all signs which are generally capable of distinguishing.