Deutsches Patent- und Markenamt München

Zweibrückenstr. 12, 80331 München
Germany
Telephone +49 89 2195-1000
Fax +49 89 2195-2221
info@dpma.de

Hall map

glasstec 2018 hall map (Hall 10): stand A22

Fairground map

glasstec 2018 fairground map: Hall 10

Our range of products

Product categories

  • 07  Research and teaching, trade literature, trade associations and organisations
  • 07.03  Trade assosiations/Organisations

Our products

Product category: Trade assosiations/Organisations

Trade Mark Protection

What is a trade mark?
A trade mark is used to identify the goods or services of an enterprise. Signs that are suitable for distinguishing goods or services of an enterprise from those of another enterprise can be protected as trade marks. These can be, for example, words, letters, numbers, images, but also colours and sounds.

Trade mark protection arises from registration in the Register of the German Patent and Trade Mark Office (DPMA). Before registration, an application must be filed. Trade mark protection may also arise from its level of recognition acquired through use, that means by intensive use of the sign in trade or by its general reputation.

Exclusive right of use
Upon registration of the trade mark, the proprietor acquires the exclusive right to use the trade mark for the protected goods and services. Trade marks may anytime be sold and disposed of by the trade mark proprietor. The proprietor of a trade mark may also grant another person the right to use their trade mark, what is referred to as trade mark license.

The DPMA does not check whether another trade mark exists that is identical or similar to your trade mark. That is why you should conduct a search before filing a trade mark application to make sure that your selected trade mark does not infringe third party rights. Otherwise, an opposition might be lodged at the DPMA against your trade mark and, it might have to be cancelled. Your trade mark might also be challenged by a cease-and-desist order or actions brought before the civil courts.

A trade mark may be renewed indefinitely. It may have eternal life, so to speak. However, the trade mark will be cancelled if the renewal fee is not paid after a respective ten-year period.

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Product category: Trade assosiations/Organisations

Utility Model Protection

The difference between utility model and patent
Utility models are unexamined IP rights. During the registration procedure, there is no examination as to novelty, inventive step und industrial application. For this reason, utility model protection can be obtained more easily, faster and at lower cost than patent protection.
However, there is a greater risk for a utility model to be challenged and cancelled. Within the framework of cancellation or infringement proceedings, examination as to the substantive requirements for effective utility model protection, such as novelty, inventive step and industrial application, is carried out subsequently.
Therefore, please make sure that these requirements are met by your application by conducting thorough searches. For help on searches in the DPMA databases, please go to the search section.

Another important difference between the two IP rights is the term of protection. A patent can be kept in force for up to 20 years, a utility model protection can last for up to ten years.

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Product category: Trade assosiations/Organisations

Patent Protection - Overview

Protection for your technical inventions
Commercially successful ideas are often copied or imitated – from everyday objects to sophisticated high-tech products. You can use patents to protect your technical inventions (innovative products or processes) against unwanted imitation.
Patent proprietors gain a territorial monopoly right of use for a limited period. At the same time, patents are an important source of information since the publication of an invention is an incentive for further research and development. Inventors and consumers equally benefit from this promotion of innovation and increased knowledge.

Patents make it easier to take business decisions
Patents also play an important role in business decision-making processes. Patents show strategies and development trends and are an incentive for the further development of the state of the art.
Patents can also be an important factor in the evaluation of companies.
The patent portfolio of a company is a valuable asset and reveals the innovative potential of a company. Patent protection strengthens the position of an enterprise in the global market and is a significant location factor.
 
Significance for technology transfer
Furthermore, IP rights can increase motivation of a company’s staff. If a company files a patent application for an employee’s invention, that employee is entitled to remuneration.
Patents also play an important role in technology transfer. They can help find partners for further developments and business cooperation, or they can be useful when a company applies for funding. Patents contribute to compensating for high development costs. Successful marketing strategies allow reinvestment, which in turn is a driving force for research and development.

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