The trademark (trademark) is one of the most valuable assets of a business. It is not just a name or a logo, but a distinguishing feature that protects a company's brand identity. When you register your trademark, you gain legal rights that allow you to prevent others from using it without permission.
However, the vesting in itself is not enough. You need to know how to protect and enforce your rights, preventing breaches and ensuring that your brand remains unique.
In this detailed guide, we will look at:
- What the legal registration of a trademark means.
- The basic legal rights that a holder acquires trademark.
- How you can protect your brand from infringement.
- What to do if someone uses your trademark illegally.
What are Trademark Legal Rights?;
When a trademark Vested, the holder acquires exclusive rights of use the specific name, logo or other distinctive feature in specific categories of products or services.
This means that no one else can use the same or a similar mark for similar products or services without your permission. If someone does, you have the right to take legal action to prevent the infringement.
The basics legal rights of a trademark include:
✅ Exclusive use of the mark in the classes for which it has been registered.
✅ Right to lodge an objection if someone tries to patent a similar trademark.
✅ Right to take legal action if someone infringes your trademark.
✅ Protection against counterfeiting and unfair competition.
✅ Potential for commercial exploitation through licensing or sale of the trademark.
✅ Extending protection to other countries via EUIPO (EU) or WIPO (international).
How to Protect Your Trademark
The legal protection of a trademark does not end with its registration. Continued monitoring and action is needed to ensure that no one exploits your brand illegally.
1. Active Use of the Mark
If you are not using your signal for more than 5 years, may be cancelled due to non-use. For this:
- Use your brand in all products and services you provide.
- Promote your trademark on advertisements and the social media of your business.
2. Infringement Monitoring and Detection
To ensure that no one uses your trademark without permission, you must track on a regular basis.
📌 Database control (OBI, EUIPO, WIPO) for new registrations similar to your trademark.
📌 Online monitoring tools which detect breaches on e-commerce platforms such as Amazon and eBay.
📌 Social media control for businesses using your name illegally.
3. Filing an opposition to similar marks
If someone tries to register a name, logo or other characteristic of a name, logo or similar to yours, you can lodge an objection with the competent authority (OBI, EUIPO or WIPO).
The time limit for lodging an objection shall be three months from the publication of the third party's application.
4. Legal Actions Against Infringements
If someone uses the trademark your without permission, you have the right to take legal action.
📌 cease & desist letter: A notice requiring the infringer to stop using the mark.
📌 Court action: If the infringement continues, you can claim damages.
📌 Complaint on online platforms: If someone is using your brand on marketplaces like Amazon or eBay, you can ask for it to be taken down.
Common Mistakes to Avoid
❌ You do not renew the registration after 10 years.
❌ You do not control the market, allowing unfair competition.
❌ You do not register your trademark internationally, if you operate outside Greece.
❌ You do not take legal action, allowing others to exploit your brand.
What DARC Advertising can do for your business
Η DARC Advertising specializes in the legal protection and registration of trademarks. We take care of the whole process, from the registration to the legal support in the event of a breach of your brand.
📌 Identification of possible infringements of your brand.
📌 Support in objections and legal actions.
📌 Strategies to protect your brand at national and international level.
