Trademark Use
As the spirit of the times changes, this leads to constant changes in a trademark’s image as well, especially
where figurative marks are concerned. The problem with this is that the trademark as it is actually being used may
deviate so drastically from the registered version that the registered trademark eventually stops being used as
defined by law and runs the risk of being nullified. An important requirement for the genuine use of a trademark is
a use of the trademark according to its essential function of indicating the origin of the goods and services covered
by the trademark protection.
Product Change
The products offered under a trademark can change in the course of the trademark’s lifetime due to technological
developments or changes in the market, until at some point the original trademark protection fails to cover the
current product portfolio. Then, it also fails to protect the products being marketed, even though a trademark
still exists. Simultaneously, the trademark may be used not anymore for the registered products which can lead to an
invalidity of the trademark.
Fame
Every marketing specialist would like to have a famous trademark. However, if this wish is granted, the trademark
could soon become a generic term for the products marketed using the trademark, causing it to suddenly lose its
protective capability.
At brandeur®,
we will advise you during the trademark management period to ensure that your trademark protection continues to
develop along with the product portfolio and the way the trademark is used, thus preserving your trademark’s
strength and enabling you to prove the genuine use of the trademark in the case of a trademark enforcement. At your request,
we would also take charge of complete management of your trademark portfolio.