Trade marks are used to identify goods or services. This enables a consumer to recognize and assign a product or a service and to distinguish it quickly and easily from other goods or services. Words and logos in particular, but also shapes of goods, colours or sounds can be registered as trade marks. It is essential here that a trade mark must also be suitable to distinguish the goods or services of one company from those of other companies.
A trade mark is registered for certain goods and services that are categorized into classes. After the successful completion of the registration procedure, the trade mark is registered, which enables the owner of the trade mark to exclude third parties from using the registered trade mark for the registered goods and services in business transactions without his consent. The term of protection is 10 years and can be extended as often as required by paying a fee.
During the registration procedure, the formal aspects and absolute grounds to registration that stand in the way of trademark registration are checked. Possibly existing older rights of third parties, e.g. older trade marks, are not researched or evaluated. In particular, based on such older rights, a registered trade mark can be deleted as part of an opposition (shortly after registration) or at any time as part of a cancellation request. Such a request can only be validly filed by the rights holder.