How does brand protection work? What types of trademarks exist? And how does the trademark application process work?
Brand name protection & trademark protection: ensuring legal security for your brand
A brand name is more than just a creative idea—it must also be legally protected for highest possible monopolization. Whether it’s a company name, product name, or app name, securing it as a trademark provides exclusive rights and protects against imitators.
Types of trademark protection
- Word mark: Protects the name as a pure word, regardless of typography or design. Example: Google remains Google in any font or style.
- Combined ("word-image") mark: Protects the combination of the name and logo, but not the name alone. Example: A brand name in a specific font with a symbol.
- Figurative ("image") mark: Protects only the logo, without words. Example: The Nike Swoosh.
Other forms of trademarks—such as 3D marks, scent marks, color marks, or sound marks—can also be registered but do not replace the need for a word mark as the primary form of name protection.
To ensure long-term security, registering a word mark is usually the way to go, as it offers the most comprehensive protection, independent of design elements.
What to consider before registering a trademark
A name must be eligible for registration, meaning it should not be descriptive or otherwise ineligible for exclusive use.
Conducting a trademark search is essential to check whether identical or highly similar trademarks already exist. Official trademark databases (such as those of the DPMA or EUIPO) provide an initial overview. However, a thorough search is best handled by an attorney or specialized service provider.
Neglecting these steps can lead to rejection by the trademark office, objections from existing trademark owners, or even legal warnings.
How to register a trademark with the European Union Intellectual Property Office (EUIPO)
- Define trademark classes: A trademark must be registered under specific goods and services categories, known as the Nice Classification system (e.g., class 9: software, class 42: software development). The selected classification determines the scope of protection, but it is crucial to use the trademark as registered.
- Submit online application: The EUIPO’s e-filing system provides a streamlined process for filing a European Union Trade Mark (EUTM) application, which covers all EU member states. All required details should be prepared in advance.
- Pay the fees: The basic application fee is €850 for one class, €50 for the second class, and €150 for each additional class.
- Examination by the EUIPO: The application undergoes a formal check (ensuring all required details are complete) and a substantive check (assessing whether the name has distinctive character). Important: The EUIPO does not automatically check for similar existing trademarks!
- Publication and opposition period: If accepted, the trademark is published in the EU Trade Marks Bulletin, followed by a three-month opposition period, allowing third parties to object to the registration.
- 10-year protection: A registered EU trademark is valid for 10 years and can be renewed indefinitely, ensuring long-term protection across all EU member states.
Why trademark protection matters
- Exclusive rights: Prevents others from using the name in protected categories.
- Enforcement power: Legal action can be taken against infringers.
- Increased brand value: Especially important for growing businesses looking to build a strong market presence.
A strong brand name needs protection
Securing a word mark provides the highest flexibility and legal security. Conducting an early trademark search and ensuring a careful registration process helps avoid costly conflicts—ultimately making your brand name a valuable asset.
Still looking for the perfect brand name? Or need to verify your chosen name for trademark eligibility? Get in touch—we’re happy to help!
