You have developed a unique product name and are already using it for your company? Many managing directors wrongly assume that they automatically own the rights to their product name when they start using it. But this is a dangerous mistake. Instead, you should ask yourself:
- Am I allowed to use this product name myself at all and also in the future – or does a third party possibly already have rights to it or can a third party obtain such rights at a later date?
- Is my product name really protected – or can anyone copy it?
The risks: What happens without trademark protection?
- Trademark infringement – warnings and high costs
If your product name has already been registered as a trademark by a third party, the owner may take legal action against you. This can result in expensive warning letters, claims for damages, costly rebranding measures or even a recall of your products. For this reason, you should always clarify this risk with a trademark search before you plan to use the name.
- Trademark grabbing
Even if you have been using your product name for a long time, it can be registered as a trademark by any third party. In this case, the trademark owner can prohibit you from using the product name in the future. This can be exploited maliciously by so-called trademark grabbers who then demand a ransom for the transfer of the trademark. Legal action against such trademark grabbers is difficult, even in cases of bad faith, as it is usually not possible to prove bad faith or the perpetrators are located abroad.
- Copycats and damage to reputation
Without trademark protection, any competitor can use the same product name. If third parties copy your name and offer inferior products, your reputation will suffer. Without a registered trademark , you have little legal recourse.
The necessary protection for your product name can therefore usually only be obtained by registering it as a trademark. This gives you exclusive rights of use and you can also take action against imitators. Depending on the strategy , a national trademark (e.g. at the GPTO) EU-wide trademark (European Union trademark, EUIPO) or even trademark protection in other EU countries may make sense.
Effective trademark protection starts with the right strategy. Our law firm will be happy to provide you with comprehensive advice on your individual protection concept. Contact us for a non-binding initial consultation.