Lucrative success strategies require, on the one hand, systematic trademark images, harmonized with the product, the packaging, and other media advertisement aspects of the supply. On the other hand, legal continuity is also important, that is, the possibility to asset claims against imitators has to be given.
Accordingly, trademark law protects trademarks, business marks, and protected geographical indications from the usage of similar or identical mark sin the course of business activities.
The filing for protection has to take place as early as possible, because the trademark only gains priority by the day on which the request for trademark protection has been filed, and trademark protection starts with this day.
Trademark rights:
Besides the above, it is essential that professional trademark research is conducted prior to registration, because in case of the usage of rights of third persons with previous priority may lead to procedures before the DPMA, and the MSZH and to civil law claims, respectively, demanding the omission of usage (deletion) and damages.
International protection
In the scope of the WTO (World Trade Organization), 135 countries have accepted in the TRIPS-agreement (Trade Related Aspects of Intellectual Property Rights) the minimal rules of protection of industrial property rights, based on which international protection is also possible. In trademark law, this means the filing of the trademark before the HABM in Alicante (Alicante, Harmonisierungsamt für den Binnenmarkt), and the WIPO (Genf, World Intellectual Property Organization).
In the following a short (non-exhaustive) summary follows on the differences between the German, Hungarian and EU-Community trademarks, and the IR-trademarks, respectively:
German/ Hungarian trademark:
EU-Community trademark:
IR-trademark:
Our services regarding trademark protection:
With the timely obtaining of legal assistance, mistakes may be eliminated in the planning period already, an ideal marketing strategy may be formed, which makes the planned company name, product name, or logo, sign, company law identification sign, domain name or working title a successful trademark.
