The trademark (trademark) is the legal identity of a business, ensuring that no one else can use its name, logo or slogan without permission. However, for a business to enjoy full protection, it needs to be aware of the legal rights accompanying the registration of a trademark.
The protection of a registered trademark is critical to business success, as it prevents illegal use by competitors and ensures the uniqueness of your brand in the marketplace. In this guide, we will analyse:
- What are the basic legal rights a registered trademark.
- How to protect yourself from infringements and counterfeiting.
- What actions you can take if someone is using your trademark illegally.
- How to ensure that the trademark you are legally strong.
What are the legal rights of a trademark
When an undertaking registers its trade mark, it acquires exclusively legal rights of use, preventing others from using the same or similar trademark in similar categories of products and services.
The main rights enjoyed by the owner of a trademark are:
✅ Exclusive use of the mark in the classes for which it has been registered.
✅ Right to legal redress if someone uses the trademark without permission.
✅ Protection against counterfeiting and unfair competition.
✅ Potential for commercial exploitation through the sale or licensing of the trademark.
✅ Enhancing business value as a registered trademark is a valuable asset.
The vesting provides legal protection for 10 years, renewable indefinitely.
How to enforce your legal rights
The legal registration of a trademark is not in itself sufficient. You need permanent protection and active monitoring to ensure that no one is illegally exploiting your brand.
1. Monitoring the market for violations
📌 Database control trademarks (OBI, EUIPO, WIPO) for new registrations similar to yours.
📌 Monitoring the internet for websites or businesses that use your name.
📌 Check in marketplaces (Amazon, eBay, AliExpress) for illegal products with your trademark.
2. File a complaint if you find a violation
If you find that someone is trying to patent a similar trademark, you can lodge an objection with the competent authorities.
📌 In Greece, the objection is submitted to Industrial Property Organisation (OBI).
📌 At European level, the process is carried out through the EUIPO.
📌 For international trademarks, the opposition is filed with WIPO.
The deadline for objections is three months from the publication of the new registration.
3. Legal actions against infringements
If someone uses your trademark illegally, you can do the following:
📌 cease & desist letter: sending a legal notice to the infringer for immediate cessation of use.
📌 Action for damages: If the damage is significant, you can claim compensation through the courts.
📌 Complaint on online platforms: If your trademark is used on unlicensed e-commerce sites, you can request the removal of the products.
Where your legal rights apply
The rights of a trademark differ depending on the level of registration:
- National (OBI - Greece): Protection exclusively in the Greek market.
- European (EUIPO - EU): Coverage in 27 countries the European Union.
- International (WIPO - Madrid System): Protection in 120+ countries with a single application.
Depending on the needs of your business, you can choose the appropriate vesting to protect your trademark effectively.
Consequences of trade mark infringement
If a business illegally uses a registered trademarked trademark, can face serious legal consequences, such as:
❌ Judicial prohibition of the use of the trade mark.
❌ Financial compensation to the trademark owner.
❌ Recall of products from the market.
❌ Criminal sanctions in serious cases of forgery.
Businesses that do not protect their trademark risk losing out their brand and their visibility.
Mistakes to avoid
🚨 You do not renew the registration after 10 years.
🚨 You do not register the trademark at the international level if your business operates outside Greece.
🚨 You do not take legal action against infringements, giving the message that your signal is «open» to use.
🚨 You do not track the market for possible counterfeiting and abusive practices.
What DARC Advertising can do for you
Proper management of a trademark requires business strategy and continuous monitoring the market. Protecting your rights ensures the uniqueness and strong presence of your brand.
