Trademark law entitles the proprietor to put a product or service
on the market and to use the trademark as protection against
Trademarks are signs which are used to distinguish goods or ser-
vices of one company from those of other companies. Words,
images (e. G. Company name or logo), sounds, colors, three-di-
mensional shapes, or combinations thereof may be registered as
A trademark is protected by registering it with the DPMA. As
with patents, the owner must fle an application with the DPMA.
In addition, trademark protection shall also accrue without
registration (i) through the pure use of the sign in the course of
trade insofar as the sign has acquired a secondary meaning as a
trademark within the affected trade circles or (ii) by notoriety as
a trademark within the meaning of Article 6bis Paris Convention
of the Protection of Industrial Property.
It is not possible to register signs or indications which are merely
descriptive of the kind, quality, or other properties and features
of the goods or services applied for.
The proprietor of a trademark has the exclusive right of use for
the mark in question. He can prohibit third parties from using a
similar mark for similar goods or services. If any action arises
that is in violation of his right, the proprietor may claim damages
and demand the destruction of infringing articles.
The term of protection for a mark is 10 years. It can be renewed