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Trademark Law in Practice
Trademarks allow the proprietor to distinguish different product identifications from each other. This is why trademarks play a very important role in everyday life.
Customers associate trademarks not just with a specific identity, but also quality. Therefore, it is often the case that trademarks constitute a valuable asset, depending on how much they are known. For this reason there is a growing tendency among trademark owners to protect their trademarks. It is important to make legal distinction between the transfer of rights for a trademark and licencing.
When it affects protection of a trade mark, it is necessary to establish whether the right for the disposal of the trademark can also be transferred. The exclusive right for the trademark shall in principle belong to the proprietor. This comprises also the authority to dispose of the trademark. This is why the legislators stipulated by §§ 27 ff of the Trademark Act that the trademark proprietor is entitled to transfer the right to a trade mark in whole or in part to other persons.
In addition, however, it is necessary to note the granting of rights to use the trademark in favour of third parties. This can happen, for example, by way of issuance of a license. The legislator has left a lot of space for the design of licenses. The acquisition of rights by the licensee may be limited to the right of joint use of the trademark, but may also go as far as to grant him or her the exclusive right. In the latter case, however, there is a possibility that the actual trademark proprietor may be excluded from the shared use of the mark.
The law of identification signs plays the crucial role for the trademark law of the Federal Republic. By its means names of products are protected in the commercial sphere. Along with it, the trademark law belongs to the sphere of protection of trade rights. Depending on the popularity and strength of identification, a trademark can constitute a considerable asset. Trademark rights can exist at national, European and international level.
When it affects protection of a trade mark, it is necessary to establish whether the right for the disposal of the trademark can also be transferred. The exclusive right for the trademark shall in principle belong to the proprietor. This comprises also the authority to dispose of the trademark. This is why the legislators stipulated by §§ 27 ff of the Trademark Act that the trademark proprietor is entitled to transfer the right to a trade mark in whole or in part to other persons.
In addition, however, it is necessary to note the granting of rights to use the trademark in favour of third parties. This can happen, for example, by way of issuance of a license. The legislator has left a lot of space for the design of licenses. The acquisition of rights by the licensee may be limited to the right of joint use of the trademark, but may also go as far as to grant him or her the exclusive right. In the latter case, however, there is a possibility that the actual trademark proprietor may be excluded from the shared use of the mark.
The law of identification signs plays the crucial role for the trademark law of the Federal Republic. By its means names of products are protected in the commercial sphere. Along with it, the trademark law belongs to the sphere of protection of trade rights. Depending on the popularity and strength of identification, a trademark can constitute a considerable asset. Trademark rights can exist at national, European and international level.
