March 25, 2025

Trade marks & trade mark law: Why your logo is more than just a pretty sign

Brand Management

Whether on the sneaker, the website or the coffee-to-go cup – we encounter brands everywhere. They stand for identity, quality and trust. But behind every successful brand is more than just a good design: there is legal protection. Find out here why trade mark law is so important and what you should bear in mind when dealing with trade marks.

What is a trade mark?

A trade mark is an identifier that makes goods, services or concepts, but also people and places, unmistakable. It enables recognition and links the distinguishing feature with certain values. Typical trade mark forms are:

Word trade marks (e.g. “Coca-Cola”)
Figurative trade marks/logos (e.g. the bitten apple from Apple)
Slogans/claims (e.g. “Red Bull gives wings”)
Color trade marks (e.g. Telekom’s magenta)
Sound trade marks (e.g. the “Ta-dam” from Netflix)

Trade mark forms do not only appear individually, but can also exist in combination with each other. They do not only serve the purpose of recognition, but often also stand for a promise of quality or a specific origin.

Made in Germany: Signals quality and reliability of German goods and services worldwide.
Fairtrade: Stands for sustainable and fair production conditions.
CE marking: Indicates that a product complies with EU safety requirements.
Champagne: Stands for sparkling wine from the French champagne region with a protected designation of origin.
THE LÄND: Presents Baden-Württemberg as a leading location for technology and innovation.

From a marketing perspective, the trade mark refers to the economic object and creates trust, which supports consumers in making conscious choices based on values, origin or quality.

Footprint in the sand for blog articles trade marks and trade mark law

Why should you protect a trade mark?

A trade mark is the figurehead of a company, regardless of whether it is presented to customers, business partners or potential employees. Its development is not a product of chance, but the result of a long-term, strategic process that combines creativity, consistency and communication. A lot of time, passion and financial resources often go into developing a logo, a slogan or a coherent trade mark identity. This makes it all the more important to protect this investment.

If you do not protect your trade mark, you run the risk of it being copied, diluted or even legally blocked. Although registration is not required by law, only registered trade mark protection provides the legal basis for taking consistent action in the event of imitation or misuse. In this way, a well thought-out trade mark not only becomes an expression of corporate identity, but also a sustainable and legally secure competitive advantage.

How can a trade mark be protected?

Trade marks are not only important for marketing, they are also of great legal significance. To ensure that they are not used or imitated without authorization, they can be protected by trade mark law. This regulates who may and may not use a trade mark. In Germany, the Trade mark Act (MarkenG) is the legal basis, while EU trade mark law applies at European level and the Madrid Agreement of the World Intellectual Property Organization (WIPO) applies internationally. All three protection systems pursue the same goal:

Secure names, logos, claims and other identifying features
Protecting the business identity of a company
To preserve the economic value of a trade mark
Protect investments in trade mark development and maintenance

Depending on the desired area of protection, the trade mark application is filed with different offices: In Germany at the German Patent and Trade Mark Office (DPMA), for the entire EU at the European Union Intellectual Property Office (EUIPO) and internationally at the WIPO. However, the prerequisite for an international application for an IR trade mark via WIPO is that a national or EU trade mark (European Union trade mark) has already been registered. This allows trade mark protection to be extended to national, European or worldwide markets.

The protection is initially valid for ten years from the filing date, regardless of whether it is a national trade mark, an EU trade mark or an IR trade mark. After this period has expired, protection can be renewed as often as required for a further ten years, provided that the renewal fees are paid on time. If this is not done on time, the protection expires and there is a risk that third parties will re-register the trade mark.

What is allowed and what is not?

Trade marks often seem self-evident until things get legally tricky. Especially in advertising, social media or presentations, there are pitfalls lurking that you should be aware of before things get expensive. After all, just because a trade mark is visible doesn’t mean you can simply use it. Especially in marketing, design or content creation, it is important to know the legal boundaries. Because even unintentional trade mark infringements can be expensive. The following applies here: not everything that is technically possible or publicly accessible is also legally permitted. It is therefore worth taking a closer look at what is permitted and what is not.

Allowed is:

The neutral naming of a trade mark in journalistic, scientific or comparative contexts, as long as it is not misleading and the trade mark impression is not damaged.
Use with the express permission of the trade mark owner (e.g. in the context of cooperations or license agreements).
Use in the context of expressing opinions, for example in satire or parodies, provided they are not damaging to business.
References to trademarked products if they are necessary for explanation (e.g. in instructions or tutorials, but again with caution).
Use to describe a product, provided there is no risk of confusion (e.g. “compatible with iPhone”).

Not allowed:

The use of third-party logos, trade marks names or claims for your own purposes (e.g. in advertisements, flyers or product packaging).
The misappropriated use of well-known trade marks, e.g. to profit from their good reputation and attract attention to one’s own products.
The integration of protected trade marks in domains, social media profiles or handles if they give the impression of being associated with the trade mark.
Distortions or stylistic modifications that look “different” but still give rise to a likelihood of confusion.
The use of protected trade marks without express permission, even if they are easy to find or download on the Internet (e.g. as a logo file in Google images).

Whether a trade mark infringement has occurred also depends on the respective area of goods or services for which the trade mark is protected. Protection only applies to the classes in which the trade mark was registered. An identical or similar designation may be permissible in a completely different market segment as long as there is no likelihood of confusion. However, if a similar product or a related service is offered under the same or a confusingly similar name, this may constitute an infringement of trade mark rights. The decisive factor is whether there is a misleading connection between the trade marks from the target group’s point of view.

What happens in the event of violations?

Anyone who infringes trade mark law must expect serious legal and economic consequences, regardless of whether this is due to ignorance or intent.

Warning letter from the trade mark owner
The trade mark owner requests the person to cease and desist from using the trade mark immediately, often in conjunction with a request to sign a cease and desist declaration.
Injunction and contractual penalty
If no agreement is reached, there is a risk of legal action. Violations of the injunction can result in high contractual penalties.
Claims for damages
The trade mark owner can demand money, e.g. based on lost profit, own advertising performance or unlawful use.
Recall or destruction of affected products
If products with a protected tradem ark have already been sold, a recall from the market or the destruction of the goods can even be demanded.

In practice, this can be expensive, lengthy and damage your image – especially for start-ups, creatives or small stores. Anyone working with them should know their legal status and seek professional advice if they are unsure.

When is trade mark protection not possible?

Not every trade mark is automatically eligible for protection, because not every application is entered in the trade mark register. Trade mark protection is not granted if a trade mark

already exists in an identical or similar form and is protected for the same or similar products/services.
has no distinctive character (e.g. purely descriptive terms such as “milk” for dairy products),
is deceptive (e.g. false indications of origin),
violates the law or morality.

In such cases, the application may be refused or the trade mark may later be canceled. Careful trade mark research in advance protects against legal and financial risks.

Conclusion: A trade mark is more than just design, it is identity & legal protection

Trade marks create recognition, trust and value, which is precisely why they deserve protection. They are the result of creative work, strategic thinking and often considerable investment. Particularly in the case of very well-known trade marks, the trade mark name itself can become generic – in other words, it can stand for the entire product. Examples such as “Uhu” for all-purpose glue or “Tempo” for paper tissues show how strongly trade marks can become anchored in language usage and in the collective consciousness. Trade mark law therefore ensures that this achievement cannot simply be copied or misappropriated.

Stephen King, thought leader in modern brand management and strategist at the WPP Group London, summarized it succinctly:: “A product is something that’s made in a factory; a brand is something that is bought by a consumer. A product can be copied by a competitor; a brand is unique. A product can be quickly outdated; a successful brand is timeless.”

Anyone who works with trade marks – whether their own or someone else’s – should know the legal basics. Because only those who understand the rules of the game can operate successfully and with legal certainty on the market in the long term. Building a strong trade mark is one thing – consistently protecting it is another.

A brief digression: Linguistic origins

The term “ trade mark” has a long and multifaceted history that goes back deep into different cultures and eras. Even in ancient times, signs and symbols were used in Egyptian and Greco-Roman cultures to identify property or make the origin of a product visible. These early forms of marking were regarded as a signal of trust and proof of quality.

In the Germanic language area, the Old High German word “marka” appears, which denoted a boundary stone or a boundary marker – in other words, a symbol that visibly demarcated property. This understanding of “mark” as a means of identification and demarcation still characterizes the meaning today.

In Latin, the idea of a trade mark as proof of origin or ownership developed in parallel. This meaning later found its linguistic expression in Italian with the verb “marcare”, which means “to mark” or “to make something visible”. The term migrated from italian to french, where the form “marque” became established – a word that eventually also entered the erman-speaking world.

In German, “ trade mark” has established itself since the 17th century as a term for an unmistakable sign for the recognition of products, services or companies – a term that not only ensures visibility, but also signals trust, identity and quality.