Intellectual property
Trade mark (Marke)
In practice
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.
Sources
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.