Staying right – How and why you should log in your trademark as an online retailer

You think brand protection is only for the big players in eCommerce and not relevant for you? The opposite is true! In a fast-moving and highly competitive environment such as online business, it is crucial to protect and strengthen your own brand. In this blog post, we show why protecting your own brand is not just an important legal aspect and what you need to consider when logging in.

Trademark registration - is it really necessary?

As an online retailer, your success depends to a large extent on your reputation. However, without a trademark registration, you are not protected from a third-party retailer using the same brand name and not only snatching away potential customers, but also negatively affecting your reputation through lower product quality and poor service. Retain control of this important marketing tool, which strengthens the image and identity of your retail business.

This protection can also be of crucial importance for your multichannel trade, as the problem of counterfeit products is omnipresent on marketplaces such as Amazon or eBay. A trademark application can be crucial for taking legal action against counterfeiters. By logging in and protecting your trademark, you can prove that you are the rightful owner and take action against people or companies who try to use your trademark without permission or sell counterfeit products.

Some platforms also require sellers to provide proof of branding, especially when it comes to selling certain branded products. A registered trademark facilitates access to these marketplaces and can improve the credibility of your seller profile.

In addition, you should not underestimate the increase in the value of your company that comes with registering a trademark. You can view a registered trademark as an asset – especially if it enjoys a high level of recognition and a good reputation.

You take these risks without registering a trademark:

Of course, you are free to decide against registering a trademark because you consider the risk of your products being counterfeited to be low, for example. However, you must bear in mind:
If you use a sign as a trademark to identify your goods that has not been registered and researched by you, you run the risk of infringing third-party property rights.

And even if the sign you use is not protected by the rights of third parties, there is always the risk that a competitor will secure the rights to it before you and thus block you from using it.

You should bear this in mind:

Even if most of the arguments speak in favor of a trademark application, there are a few points that you should be aware of in advance:

• Costs: There are costs associated with logging in a trademark, which can vary depending on the country and scope of the login. These include application fees, possibly legal fees and translation costs as well as ongoing fees for maintaining the trademark.
• Time required: The trademark application can take some time and requires careful preparation and submission of the application documents. Depending on the country and procedure, it can take several months to years before the trademark is registered.
• Limited scope of protection: The protection of a trademark is limited to the goods for which it is registered. This means that protection does not automatically apply to all types of products, but only to those that were specified at the time of login.
• Trademark monitoring: After registering your trademark, you as the trademark owner are responsible for monitoring its use and, if necessary, taking legal action against trademark infringements. This often requires additional effort and resources.

How does trademark protection come about?

When trademark protection arises is precisely defined by law, namely in § 4 MarkenG:

Even if officially logging in a trademark is not the only way to protect it, it is undoubtedly advisable to do so. Protection through use or notoriety is rarely clear-cut and, in the event of a dispute, involves high costs and an uncertain outcome.

How do I log in a trademark?

Once the decision has been made to log in the trademark, the login process is as follows:

1. Trademark search: If you log in a trademark that is very similar to an existing trademark, the owner of this trademark may file an opposition with the DPMA. This may result in the newly registered trademark being canceled. To avoid this and the resulting costs, a thorough search before logging in is essential.
2. Login: You have the option of logging in your trade mark electronically at the German Patent and Trade Mark Office (DPMA) and having it entered in the register there. The form to be completed contains information about the login, the trademark to be protected and the goods or services for which the trademark is to be used. Community trade marks (the designation refers to the EU) are logged in electronically directly at the European Union Intellectual Property Office (EUIPO). International trademarks are logged in at the World Intellectual Property Organization (WIPO). Irrespective of this, Community and international trademarks can also be registered at any national trademark office.
3. Examination: Once the application has been filed, the trademark office examines whether the login meets the formal requirements and whether there are any obstacles to the registration of the trademark. Please note! This does not include the question of whether the trademark to be registered conflicts with an earlier trademark.
4. Entry in the register: If all requirements are met, the trademark is entered in the register. The login receives a certificate of registration with the corresponding extract from the register and the registration is published in the official trademark gazette.

How much does a trademark application cost?

The costs for logging in a trademark may vary depending on the country in which the login is made and on the scope and complexity of the trademark protection application and consist of a filing fee and, if applicable, additional fees for the classification of the goods.

Many companies hire a trademark attorney or a trademark agency to carry out the login of their trademark. The associated costs vary depending on the provider and the scope of the service.

If you log in the trademark in a country where a different official language is used, translation costs may be due.

Also bear in mind that once the trademark has been registered, there are ongoing fees for maintaining the registration and renewal costs.

To the complete list of fees of the DPMA and to the fee calculator of EUIPO

How long does the protection period last?

A registered trademark, whether for Germany (German trademark) or the EU (EU trademark), begins on the date of logging in and expires after 10 years. Anyone wishing to maintain the protection of the trademark must file an application for renewal for a further 10 years or pay the renewal fee, otherwise the protection expires.

Take the first step now to protect your brand

Brand protection is an essential aspect for the long-term success of your online business. It protects you from financial damage and the loss of your reputation while increasing the value of your brand.

Would you like detailed advice on trademark law or other legal issues in eCommerce? The IT law firm will be happy to advise you!