Trademark Management

Once brand development and market launch have been successfully carried out, the next step is to give the young brand the desired brand identity through advertising and other PR measures and to maintain this identity throughout the brand's life cycle. This maintenance is based on marketing specifications, whereby the brand will undergo changes in the way it is used as time passes. Usage is an essential aspect that influences the legal strength of the trademark, its distinctiveness, and the legal validity of trademark protection. Therefore, trademark management requires constant review of marketing decisions from a trademark law perspective. The trademark should not only be strong from a marketing perspective, but also successfully legally enforceable in order to secure its unique selling point.

The life cycle of a trademark is subject to constant change—a change not only of the zeitgeist, but also of the products marketed under the trademark. The brand identity must be continually questioned and realigned. This results in a changing use of the trademark. If successful, the trademark may even become famous.

Trademark Use

The changing zeitgeist leads to constant changes in brand representation, especially in the case of figurative marks. This in turn means that the form of the mark used will eventually differ so much from the registered trademark that the registered trademark is no longer used in a legally rights preserving manner and is at risk of being invalidated. In this case, there is no longer any trademark protection for the mark actually used. An important prerequisite for use that preserves legal rights is also the use of the trademark in accordance with its main function as an indication of origin for the goods/services covered by trademark protection.

Product Alteration

Over the trademark's lifetime, the products offered under the trademark may change due to technical developments or market developments, meaning that the trademark protection originally applied for no longer covers the current product portfolio. The brand may still exist, but there is no longer any trademark protection for the products actually being marketed. At the same time, the brand may no longer be used for the registered products, which can lead to the cancellation of the trademark or, at the very least, impair its enforceability.

Famousness

Every marketing expert's dream of owning a famous brand can, if it comes true, quickly lead to the trademark becoming a generic term for the products marketed under the trademark, causing the trademark to suddenly lose its protective effect.

Our brandeur^® team also supports you in trademark management, ensuring that your trademark protection evolves in line with its use and product range, so that your trademark remains strong and you can provide evidence of use that preserves your rights in the event of trademark enforcement. Upon request, we can also assist you with the portfolio management of your entire trademark portfolio.