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Trademark and labelling law conflict check

Trademark protection and conflict check

In addition to individually tailored coaching on trademark and brand law collision checks, we also offer you an identity search for non-critical trademarks. Maximum time allotment 3 hours.

from
299
( plus VAT. )

What you get

Coaching on conflict checks under trademark and labelling law (conflict check)

Would you like to register a trademark and ensure that it does not infringe existing trademarks or signs? As part of our 2-hour coaching course, we will train you to carry out a collision check in the commercial and trademark register yourself! We show you what you need to look out for when searching, where you can search for brands or signs and answer all your questions about collision checks/conflict checks.

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Identity research

As part of the identity search, we offer a trademark search for registered, published or registered trademarks with identical wording. The search includes German trademarks, trademarks in other member states of the European Union, European Union trademarks (trademarks valid for the entire EU) and international trademark registrations extending to the EU or one of its member states. We also check the German commercial register for registered, identical company names. At the end you will receive a research report. The hourly quota for this is 1 hour. If we need more time for the research, we will agree this with you individually and offer further processing at an hourly rate of € 150.00 net.

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Additional services

Similarity search – trademark search

As part of the similarity search, we offer a trademark search for already applied for, published or registered similar trademarks and trademarks with a risk of confusion.

900

( plus VAT. )

Total price

299

( plus VAT. )

What we stand

Digitale Gründung is a team that drives new digital solutions so that you can concentrate fully on YOUR business.

No hidden costs

No hidden costs

We help you through the start-up process in a structured and cost-efficient manner.

Made in Germany

Made in Germany

Developed and operated in Germany for maximum security and data protection

Independent

Independent

We advise you independently, quickly and transparently

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FAQ

What is a conflict check under trademark law?

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A conflict check involves searching the trademark registers, but also other public registers such as the commercial register, to find out whether the trademark you want to register or use yourself is already in use or is registered and therefore protected.

What do the class fees for a trademark application mean?

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The goods and services for which a trademark is to be protected are divided into different classes (34 classes of goods and 11 classes of services). If trademark protection is claimed for a product or service at the time of application, the class fee is payable for the class in which the respective product or service is listed. The class fee is payable as a lump sum and is therefore independent of the number of goods or services claimed in this class. The amount of the class fee depends on whether the trademark is to be protected as a European Union trademark at the EUIPO or as a German trademark at the DPMA.

What is an online marketplace/platform?

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An online platform is a type of service that enables users to share, communicate or consume content and services via the Internet. Online platforms and marketplaces are available in various industries and sectors and can have different functions and objectives. Examples include Airbnb, eBay, Facebook, Amazon, etc.

What is a European Union trademark?

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An EU trademark, now known as a European Union trademark (EUTM), was a trademark that offered protection throughout the European Union. It enabled owners to secure their trademark rights in all EU member states at the same time. However, the EUTM was renamed "European Union trademark" by the EUIPO (European Union Intellectual Property Office) in March 2016.

What does a trademark application cost?

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The official fees for a trademark application depend on two factors: the geographical scope of protection and the scope of the list of goods and services. The basic fee for applying for an EU trademark at the EUIPO, which provides protection in all EU member states, is € 850 for online applications (€ 1000 for paper applications) and covers one class of goods or services. There is a fee of €50 for the second class and a fee of €150 for each additional class from the third class onwards. The application as a German trademark at the DPMA, which is only protected in Germany, costs € 290 for an electronic application (€ 300 in paper form) and includes up to three classes. An additional class fee of €100 per class is charged from the fourth class onwards. If you book the trademark application via one of our packages, the respective package price will be added.

How do I find out whether a name is protected as a trademark?

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You can find out whether a name or term is already protected under trademark law by conducting a trademark search. It is important to know that the trademark offices themselves do not check for collisions with existing trademarks and signs. Both the DPMA and the EUIPO offer search engines for searching for existing trademarks, which can be used to search for identical and sometimes similar trademarks. However, as non-registered signs, e.g. company names or trademarks, which are protected purely on the basis of their use, are also protected, an Internet search using a search engine and a search in public registers, in particular the commercial register, are also recommended. In general, the more detailed the research, the lower the risk of trademark disputes.

How do I find a brand name?

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Finding a suitable brand name is initially a creative process in which marketing considerations, reception and impact of the symbol will play a role. However, the development and above all the use and registration of the name is subject to a number of legal restrictions. On the one hand, the trademark should not be identical or similar to existing company logos or registered trademarks under which identical or similar goods and services are offered. If there is too much similarity, trademark disputes are often the result. On the other hand, the trademark office checks during the application process whether so-called absolute grounds for refusal exist. The most common grounds for refusal are the descriptive character of a trademark and its lack of distinctiveness. Therefore, descriptive or overly generic terms should not be chosen as brand names. If there is a descriptive reference between the brand name and the goods and services offered under the trademark, the trademark office can reject the trademark application. The same risk exists if the brand name is too generic and therefore cannot have any distinctive character.