Intellectual property

Trade mark (Marke)

protected sign that distinguishes the goods or services of one business from those of others, usually a word mark or figurative mark. Protection as a registered trade mark arises on registration and lasts ten years. The registration can be renewed any number of times. Trade marks are registered for classes of goods and services, which determine the scope of protection. A trade mark confers the exclusive right to use the sign for these goods and services.

For small businesses, a trade mark is usually the cheapest investment in their own name. However, when registering a trade mark, the office does not check whether similar earlier trade marks exist. Once the registration (at the EUIPO, the application) has been published, owners of earlier trade marks have three months to file an opposition. It is therefore important to check before registration whether other trade marks exist. This is done through a trade mark clearance search carried out by professional service providers. Purely descriptive names cannot be protected.

Term 38 of 44 · As at 9 September 2026

More

Licence: CC BY 4.0*

How to cite: Trade mark (Marke), in: Berlin Online Glossary of German Business Law, published by STRUB.LAW, as at 9 September 2026, https://strub.law/en/glossary/trade-mark/, CC BY 4.0

*This licence applies only to the written entries of the Berlin Online Glossary.

The entries are carefully researched and reflect the position as at the date stated in each entry. They provide an initial overview and are no substitute for legal advice on your specific case. I cannot guarantee that they are accurate, complete or up to date. I am happy to discuss with you which rule applies to your situation. Have you spotted a mistake or do you have a comment? I would be glad to hear from you at info@strub.law.