![]() ![]() ![]() ![]() Hans in different representations: upper case letters, lower case letters, bold, italic Tips on how to search for logos are available in the respective sections, Trade Mark Search and Design Search.If you have any doubt about what filing strategy is suitable to protect your logo, you should consult a lawyer with experience in trade mark law and design law.Since trade marks and registered designs suit different purposes of protection, the respective subject matter of protection and scope of protection may differ.Subject matter of protection/filing strategy/search.More information on design protection is available here.It may be extended by further five-year periods to a maximum period of protection of 25 years. The initial term of protection is 5 years.Design protection is comparatively low-cost and ,unlike the trade mark, provides protection independent of the class of goods or services.If appropriate, your design will then be deleted in the course of invalidity proceedings or infringement proceedings when invalidity is asserted by a counterclaim for the determination or declaration of invalidity. Novelty and individual character of your design or the rights of others will be examined only if a third party files an application for the determination or declaration of invalidity against your registered design or asserts invalidity of your design on the basis of a counterclaim in infringement proceedings that you have brought against the third party.Therefore, unlike a registered trade mark, every registered design is an unexamined IP right. However, when the application for the design is filed, the DPMA does not examine novelty and individual character of your design or whether it conflicts with the rights of others.Finally, you must also ensure that your design does not conflict with the rights of others, in particular third-party copyrights.Rather, you must take into account in your comparison also those unregistered designs which have been published, exhibited or otherwise placed on the market in such a way that they could have become known to the circles specialised in the product sector concerned. In order to determine whether your design is new and has individual character, you must not only consider the designs already registered in the Design Register.Hence, the overall impression it produces must differ from the overall impression produced by any design which has been made available to the public. In addition, your design must have individual character.before the filing date no identical design or design whose features differ only in immaterial details must have been made available to the public. Your design must be new at the time of filing the application, i.e.The appearance results in particular from the lines, the contours, the colours, the shape, the surface texture, the materials and the decorations of the product. A registered design protects the two- or three-dimensional appearance of a product.The term of protection of the trade mark can be extended indefinitely.An unusual, fanciful logo can avoid grounds for refusal. The DPMA will examine whether your trade mark applied for is eligible for protection it will be registered if there are no absolute grounds for refusal pursuant to Section 8 of the Trade Mark Act ( Markengesetz).If you intend to use the logo, above all, to mark goods and/or services, which are offered by your enterprise, you should seek trade mark protection for the logo.What type/what types of IP you seek to obtain for your logo depends to a large extent on the intended purpose of use.A logo can be protected - also simultaneously - as trade mark and as a registered design.Trade mark and design protection are possible.
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