What characters can not be protected as a trademark?
by RA Breuer on October 30, 2009
to guide brand
You can enter any character that are not represented graphically, and the lack of any distinctive character, which therefore can not serve to distinguish one company from another.
You can enter any character that matches the name or description of the product, ie the goods and services only describes:
- The sign "apple" ("Apple") to trade in apples is not distinctive enough to be understood as a brand.
- The sign "apple" for trade in computers can be registered as trademarks.
It is also not possible to enter a character that verstoβt against public order or morality.
The above-mentioned protective barriers are so-called absolute grounds for refusal. The Trademark Office shall review the trademark application on absolute grounds for refusal.
Schlieβlich course it is not possible to enter a character that has already been applied for or registered for the same goods and services listed, or a character that can be confused with another similar character.
The Trademark Office does not examine whether similar or identical trademarks have been registered (so-called relative grounds for refusal). Is this the case and violates the trademark registration rights of third parties can result in a warning advising. Get this reason by a specialized lawyer.
