What you need to know
Η trademark registration offers your business legal protection and exclusive rights to use your brand. The legal trademark rights ensure that no one else can use your trade name, logo or any distinctive feature of your business without permission.
In this guide, we will look at the basic legal rights a trademark owner acquires, the legal procedures for protection and the actions you can take in case of infringement.
What are Trademark Legal Rights?;
When a trademark successfully registered, the holder shall acquire exclusive rights of use in specific product or service categories.
The basic legal rights include:
- Exclusive use of the mark in the categories for which it is registered.
- Right to prevent copying or use of the trademark by third parties without permission.
- Right to extend protection to other countries through the EUIPO (for a European trade mark) or WIPO (for an international trade mark).
- Possibility to sue companies or individuals who use the mark illegally.
- Right to sell, transfer or license the trade mark (licensing).
How to Protect Your Trademark Legal Rights
Once you have registered your trademark, it is necessary to take steps to preserve and protect your rights.
1. Active use of the signal
To maintain the registration, you must use the mark within 5 years from the date of registration. If you do not use it, someone can apply to have it cancelled for non-use.
2. Supervision and prevention of violations
You should monitor the market and check if other companies are using similar brands. This can be done through:
- Control of the OBI databases, EUIPO and WIPO.
- Brand monitoring gear that detect violations on the internet.
3. Submitting objections in case of infringement
If someone tries to patent a similar or identical mark, you may lodge an objection within 3 months from the publication of the application.
4. Legal actions against infringements
If you find unauthorised use of your badge, you can take the following actions:
- Sending a cease & desist letter.
- Action for damages and injunction.
- Complaint to EUIPO or to the OVI for the deletion of the infringing mark.
What happens in case of unauthorised use of your trademark?;
1. Commercial exploitation by third parties
If someone uses your trademark without permission, it can create confusion in the marketplace and damage your business reputation.
2. Use of a similar mark by competitors
If someone attempts to register a name or logo similar to yours, you can lodge an objection via the EUIPO or of OBI.
3. Infringement on advertisements or domain names
Unlawful use of your trademark in Google Ads, social media or domain names may lead to misleading consumers. In such cases, you can request the removal of advertisements or the domain through legal procedures.
How to Extend the Legal Rights of Your Trademark
1. European trademark registration (EUIPO)
If your business operates in more than one EU country, it is important to protect your trade mark through the EUIPO.
2. International trademark registration (WIPO - Madrid System)
The registration through the WIPO allows you to protect your signal in 120+ countries with a single application.
3. Registration of domain names and social media handles
To fully protect your brand, register your trade name as domain name and keep the same names in the social media.
Common Mistakes to Avoid
- You do not renew the registration after 10 years, with the result that you lose the rights to your trademark.
- You do not track the market, allowing third parties to use your mark without permission.
- You are not protecting the mark internationally, if you intend to operate outside Greece.
- You do not take legal action in the event of a breach, losing control of your brand.
What DARC Advertising can do for your business
Η DARC Advertising undertakes the legal protection and registration of trademarks, ensuring that your brand remains protected at national, European and international level. From the breach monitoring until lodging objections, we help you maintain full control of your signal.
