Brands can generate significant economic success and therefore substantially influence a company’s value. Trademark law protects this value both nationally and internationally.

As part of intellectual property law, it defines:

• who owns the rights of a trademark,
• the scope of protection of those rights, and
• how these rights can be enforced against third parties

Trademark law is therefore a part of every brand and corporate strategy. It also answers questions such as:

• Which signs can be protected as trademarks?
• How long does trademark protection last?
• Which rights does the trademark owner have in the event of a conflict?
• What risks arise from using third-party trademarks?

For international B2B companies, trademark law is important because the scope of protection varies from country to country. Without strategic planning, names and brands can quickly become legally unusable.

German trademark law, like any national trademark law, is shaped by international and supranational regulations. A key role is played by the Madrid Agreement Concerning the International Registration of Marks (MMA), which makes it possible to extend protection for nationally registered trademarks to other states. This results in internationally registered trademarks (IR).

In principle, trademark rights are distinctive signs. They define which signs can be protected as trademarks, including:

• word marks as well as letter and number combinations,
• figurative marks and word-and-figurative marks,
• color marks, sound marks, claims, advertising slogans, three-dimensional marks, and titles of works

Geographical indications, however, are not eligible for protection, as they cannot be assigned to a single company as an exclusive right.

An active business operation is not required to acquire trademark rights. What matters is the principle of priority. In the event of a conflict, trademark rights belong to the party that filed the application first. For registered trademarks, this date can be clearly determined.

Trademark protection lasts for ten years from the filing date and can be renewed for further ten-year periods. However, if a trademark is not used for a period of five years, third parties may assert claims against it.

In addition to national trademarks, there is the EU trademark, which offers a uniform application procedure and is valid in all EU member states. It grants uniform protection throughout the EU.

The territorial principle must be observed. A trademark is only protected in the countries in which it has actually been registered. German trademark protection therefore has no effect outside Germany.

BMJV (2026). Act on the Protection of Trade Marks and other Signs. Available under: https://www.gesetze-im internet.de/englisch_markeng/index.html.

A registered trademark grants its owner comprehensive rights that form the basis of long-term brand value:

Only the trademark owner may use the trademark for the registered classes of goods and services.

The trademark protects against confusion and imitation by third parties.

In the event of trademark infringement, claims for injunctions, damages, and cancellation of the infringing trademark may be asserted.

Trademark rights can be licensed, sold, or strategically used as an economic asset.

Not every trademark is automatically eligible for protection. Trademark protection requires that certain legal criteria are met. Trademark owners can be natural persons, legal entities, or partnerships.

Absolute grounds for refusal prevent registration regardless of existing trademarks. These include, for example:

• Lack of distinctiveness: A trademark must be distinctive so that consumers can recognize it as an indication of the origin of goods or services.
• Need to keep signs free: General or descriptive terms may not be monopolized in order to ensure fair competition.

Relative grounds for refusal apply when earlier trademark rights exist. In such cases, a trademark may be blocked due to a likelihood of confusion if identical or similar goods and services are affected.

One of the greatest trademark law risks therefore lies in the infringement of earlier rights. If a trademark is used despite the existence of earlier priority rights, cease-and-desist letters, injunctions, and claims for damages may follow.

Trademark law plays a decisive role in the naming process. A name is only useable in the long term if it can be legally protected. Trademark checks should therefore be integrated into name development at an early stage. In practice, there are frequent misconceptions – for example, that registering a domain automatically grants trademark protection or that registering a company name is equivalent to filing a trademark application. Such misconceptions can lead to significant risks.

Successful naming therefore emerges from the interaction of creative name development and legal review. As a naming agency, we are happy to support you in this process. If you are interested, book a free consultation.

Trademark law is a strategic success factor for international B2B companies, as it secures brand value and competitive positioning in the long term. Those who integrate trademark law into the naming process at an early stage avoid costly conflicts later on.