Trademark protection requirements

Which criteria must a trademark meet?

To register a trademark, it must meet a number of legal formal requirements. Our trademark attorneys examine whether your trademark qualifies for legal protection.

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Distinctive character

A brand must be able to set apart your products or services from those of the competition.

Example: A unique name such as “Adidas” clearly distinguishes itself from generic terms like “shoes”.

No descriptive character

A trademark may not have a purely descriptive character to describe the goods or services for which it is applied.

Example: The word “Car” cannot be registered as a trademark for a car company because it is too generic.

Graphic representation

A trademark must be represented clearly and unambiguously, for example as text, an image, a logo or a sound. This is necessary to determine exactly what is being protected.

Example: A word mark such as “Shell” can be represented in letters, while a logo is shown graphically.

Not misleading

A trademark must not mislead consumers about the nature, quality or geographical origin of the goods or services.

Example: “Italian Leather” may not be used for products that are not made of Italian leather.

Not in violation of public order or public decency

A trademark may not contain words, images or symbols that are offensive, discriminatory or otherwise unlawful.

Example: Insulting language or symbols will be refused.

Original and not similar to existing trademarks

A trademark may not create confusion with an already registered trademark offering similar goods or services.

Example: A name resembling “McDonald’s” would likely be rejected for a fast‑food chain.

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What is a trademark?

A trademark is a legally protected identifying mark such as a name, logo, symbol, word, slogan or a combination thereof. It distinguishes and identifies your product or service from those of your competitors. A trademark gives you the exclusive right to use the mark for specific goods or services within a defined geographical area.

How can I protect my trademark?

Unlike patents, which are limited in time, a trademark can remain your property indefinitely, provided it is renewed on time with the local or regional trademark registers. The initial filing date of your trademark is crucial in this, as it determines the start of your monopoly and can give you a six‑month priority right worldwide. You can count on our trademark attorneys and paralegals to handle all the administration required to register and protect your trademark rights. After an initial discussion and a favourable preliminary search, we file your trademark in all relevant countries. We subsequently ensure that your trademark is renewed everywhere in good time, so that it remains your property. You can expect transparency, clarity and a proactive approach.

What is an availability search?

An Availability Search is a legal investigation, usually carried out in the field of trademark law, to determine whether a trademark or logo is available for use and registration. It prevents conflicts and avoids investments in a trademark being lost due to opposition proceedings.

What rights do I have once my trademark is registered?

After registration, a trademark owner has the following rights:

  • The trademark can be sold or licensed to others to generate income.
  • Legal action against counterfeiting can be taken.
  • The registration of identical or similar marks when they are used for identical or similar goods or services can be opposed.
  • If a trademark enjoys a high level of recognition, it is possible, in certain circumstances, to take action against highly similar trademarks used for dissimilar goods or services.
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