IP services / German, EU and international trade marks
HORAK · INTELLECTUAL PROPERTY
German, EU and international trade marks
Protect names, logos and other distinctive signs with a filing strategy matched to the business. We advise on German trade marks, EU trade marks and international registrations through the Madrid System.
Clear the sign before investing in the launch
A register search for identical names is only a starting point. Similar signs, relevant goods and services, business identifiers and the intended markets may create conflict risks. Filing does not guarantee that an earlier rights holder will accept the new mark.
Select the right application
We assess the applicant, the form of the mark, distinctiveness and the goods and services specification. A German registration protects Germany; an EU trade mark has unitary effect within the EU. Madrid registrations designate territories and remain subject to examination and potential refusal in those territories.
Manage objections, opposition and use
Examination objections and third-party opposition require different responses. Coexistence agreements, restrictions and evidence may resolve some conflicts. After registration, renewal and genuine-use requirements need attention; a registration should not be treated as a permanent right to every related business activity.
Three practical examples
Illustrative situations; outcomes depend on the facts and the applicable law.
01
A software business launches a new product name: we align the specification with its actual services and planned expansion.
02
A company has a German mark and begins exporting: we compare EU filing with Madrid designations.
03
A competitor opposes a logo: we review earlier rights, relevant goods and settlement options.
What to prepare
Proposed signs, applicant details, product and service list, target markets, launch dates and any existing registrations.
How we approach your matter
01 · Assess
We identify the objective, the relevant rights and the next deadline. Existing documents and the technical or commercial background determine the scope of the review.
02 · Agree
We explain the available routes, material risks and expected stages. The instruction distinguishes professional fees from official charges, translations and external costs.
03 · Act
We carry out the agreed work, report material developments and identify the next decision. Filing, registration or a particular dispute outcome cannot be guaranteed.
Domain names and online brand protection
A domain registration is not a trade mark clearance. Before a digital launch, consider trade marks, business names, domain availability and the proposed use together. For abusive registrations, the appropriate remedy depends on the top-level domain and the facts. The UDRP can address qualifying cybersquatting cases for covered domains; country-code domains may follow different rules.
A UDRP complaint requires the relevant trade mark rights, lack of the registrant’s rights or legitimate interests, and bad-faith registration and use under the policy. It can result in transfer or cancellation, but does not award damages. Court proceedings may be relevant for other claims. WIPO domain dispute guidance.
Online-brand examples
A confusingly similar .com domain hosts a fake shop: preserve the website and registration evidence before choosing the complaint route.
A reseller uses a brand in a domain: assess its claimed legitimate interest and actual presentation rather than assuming infringement.
A .de domain conflicts with a business name: review the German-law remedies and applicable domain procedures separately from the UDRP.
Further information
Official guidance relevant to this topic. Individual advice requires a review of the particular documents, facts and deadlines.
International filing strategy · Portfolio review · IP disputes
Discuss the next step
Tell us what you want to protect, the markets involved and any filing, launch or response deadline. We will clarify the scope of the instruction, the documents needed and the basis of the fees before starting the agreed work. Please identify the parties first so that we can check for conflicts and arrange a suitable channel for sensitive technical information.
Hannover headquarters · Advice for German and international businesses · Our offices
Enquire about trade mark application
Use this form to request protection for a name, logo or other sign. A brief description of your goods, services and target markets helps us propose the appropriate filing route and any preliminary search. All fields are optional.