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Product names, logos, business names, domains and search advertising may interfere with third-party trade mark rights. Similar spelling alone does not decide the case.

What we examine

  • Check territory, priority, goods and services and ownership.
  • Assess similarity, the relationship between the goods or services, the way the sign is used and any reputation.
  • Consider non-use, exhaustion, descriptive use and other defences in the context of the actual offer.

Key legal considerations

Claims may concern disclosure, damages, recall or destruction as well as an injunction. A domain dispute does not automatically require transfer of the domain. Registration does not guarantee that every use is lawful in relation to earlier rights.

Illustrative practical example

An online shop uses a model name as a product heading. The question is whether customers see it as an indication of origin or a description, and whether the protected goods are relevant.

Documents for the review

The warning, trade mark number, register documents, product presentation, signs used, sales periods and supplier records.

Advice and next steps

horak. advises businesses, self-employed professionals and organisations on defending and enforcing claims. We discuss the facts, options, deadlines and fee basis with you. Our head office is in Hannover and we advise clients throughout Germany.

First steps · Undertakings · Court proceedings

Legal source: Official legislation. The assessment depends on the individual case.

Related guidance

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