The trade mark has the function of a "beacon" indicating innovation and quality in a vast world of goods. It is a reference point which promises certainty and reliability, thereby making life easier and clearer.
Trade marks have more than just potency, they also determine on average two thirds of the value of a company. The most valuable trade mark globally continues to be Coca-Cola according to an Interbrand study, the name alone is estimated to be worth 65 billion dollars. The only German trade mark in the Top 10 is Mercedes–Benz (brand value 23.5 billion dollars).
The more famous the brand, the greater the incentive for trade rivals to copy the trade mark or to make a similar-looking one. This intention can only be thwarted if trade marks are registered – and in good time.
There are numerous registration options: of word marks, logos or a combination of words and logos through to audio trade marks, three-dimensional designs and distinctive presentation of products including their colours. It is not just the marking of goods which can be protected with a trade mark, but also services, for instance from hotels, travel agencies, banks, driving schools, haulage firms or exhibition companies.
If a person wishes to use a trade mark or a new company name, he should ensure first of all that he is not infringing the rights of third parties. An unwitting infringement of trade marks will lead to considerable consequences and costs.
Patent attorneys can act as highly qualified advisers in dealing with these tasks. The patent experts do not just have specialist knowledge of patents in the technical field, they are also trade mark specialists, they have completed the relevant training and have passed a State examination in trade mark law. As a general rule, a German patent attorney is also a "European Trade Mark Attorney", admitted to the Office of Harmonization in the Internal Market (OHIM) in Alicante, Spain – here you can obtain protection throughout the EU with just one trade mark registration, a Community trade mark.
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