Information on the protection of Intellectual Property
>> The Trade Mark

Since the new German Trade Marks Act took effect on January 1, 1995 and replaced the old Act, it is now possible to register as trade marks at the German Patent and Trade Mark Office not only signs that can be reproduced in two dimensions but also auditory signs, three-dimensional designs, including the shape of a product or its packaging, and other "getups." A condition for this is that the sign covered by the application must indicate that the product or service thus identified originates from a particular enterprise, in other words that the sign must exert a "distinctive force." Signs which are needed by competitors in order to describe the product or service in question, or to state its composition, are not eligible for protection since there is a "need to keep them free." Thus, for example, the signs "CD-Answer" for computer programs and "vintage" for wines cannot be protected because they are indications that describe the products. Signs which are the subject of registered trade mark applications are examined by the German Patent and Trade Mark Office to ensure compliance with the conditions for registration: "distinctive force" and "need to keep free."
 
In addition, the Trade Marks Act protects business designations, for example company identifications such as the company name or firm name or the special designation of a business operation or enterprise. In contrast to the trade mark, protection of company identifications does not begin when they are registered at the Patent and Trade Mark Office but when they are first used in business circles. However, protection is also restricted to the territory in which the company identification is used.
 
The titles of works are also protected as another form of business designation. These include the names of publications, cinematic works, audio works, stage works or other comparable works.
 
A registered trade mark is not subject to any time limit. It is initially granted for 10 years and may be extended for another 10 years as often as required after payment of an extension fee.
 
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