In which country should you brand a domain?
Questions about the brand
Word marks are trademarks that consist of words, letters, numbers or other written characters and that can be represented with the usual print used by the DPMA (cf. § 7 MarkenV). The "Arial" font used by the DPMA includes all letters (upper or lower case) and numbers as well as common characters such as.,;,:, +, -, &,!,?, @,? (please refer Characters for word marks). They are not graphically designed and not colored.
The subject of protection of a word mark only includes the selected sequence of characters, including their representation in all common fonts in upper and lower case letters.
Example: If "Hans" is entered, protection also exists for these variants (see illustration).
If a mark contains elements other than those permitted in the word mark, it is one Word / figurative markor.Figurative mark.
If the applicant requests the entry of his character sequence in a special font design, color, font arrangement, or combined with graphic elements, i.e. if a certain visual impression is important to him, it is a word / figurative mark.
This includes the following variants in particular:
- Words and / or characters in a specific font (e.g. cursive, italic or fat)
- Combination of letters / symbols and graphic elements
- multiline arrangement
- or words that are spelled with a block (e c h e s between the letters)
Figurative marks are two-dimensional designs, such as images and graphic elements without word mark components, such as letters. Even non-Latin characters, such as B. Chinese characters establish the character of a figurative mark. Figurative marks can be registered in color or black.
The registration of a word / figurative mark does not say anything about whether the character string contained would be protectable as a word mark. A character string that cannot be protected can be protected by a special graphic design. However, simple or common graphic designs or decorations are usually not sufficient for this. The more product-describing the word is, the higher the demands on the graphic. Word elements of a word / figurative mark that cannot be protected do not give rise to any prohibitive rights against the use of the word.
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