Η legal protection of the trade mark is vital for any business that wants to ensure the exclusivity of its brand and prevent its illegal use by third parties. A trademark (trademark) offers unique identity to products and services, enhancing the company's visibility and reputation. In this article, we will discuss how you can legally protect your trademark, what to do in cases of infringement and what rights registration gives you.
Why is legal protection of a trademark important?;
Η trademark registration is not just a formal procedure, but a powerful legal tool that:
- Provides exclusive rights of use, preventing other undertakings from using the same or similar trade mark.
- Enhances the commercial value of the business, as registered trademarks can be used as assets.
- Prevents consumer confusion, ensuring that the public recognises your product or service.
- Facilitates legal action against infringements, giving you the right to take legal action against anyone using your mark illegally.
Rights conferred by trademark registration
Η trademark registration through the Industrial Property Organisation (OBI) in Greece or through international organisations (EUIPO, WIPO) provides:
- Exclusive use of the mark in the classes in which it is registered.
- Right to object against third parties trying to register a similar mark.
- Possibility of legal action in case of copying or falsification.
- Right to sell or license of the trade mark to third parties.
Ways to protect the trademark from infringement
Although registration offers legal protection, it is important to actively monitor the use of your trademark. Key strategies include:
1. Supervision and control of trademark use
- Regularly check trademark databases for possible duplicates.
- Monitoring the market and the internet for unauthorised use of the trademark.
- Use of brand monitoring tools to detect violations online.
2. Legal actions in case of violation
If you find that someone is using your trademark illegally, you can do the following:
- Extrajudicial notice (Cease and Desist Letter): sending a formal warning to the offender.
- Submit an objection to the OBI or to EUIPO: If someone tries to register a similar mark, you can file an opposition.
- Filing a claim: If the out-of-court settlement does not work, you can take legal action for damages and to stop using your trademark.
3. International trademark protection
If your business operates outside Greece, protecting your trademark at an international level is essential. The main options are:
- European Trademark (EUTM) through the EUIPO, covering 27 EU countries.
- International Signal via WIPO, which allows protection in more than 120 countries through the Madrid system.
- Trademark registration in individual countries, if a separate application is required.
Common mistakes to avoid
- Assume that the registration of a name in the G.E.M.I. provides protection - the legal registration of a trademark is a different process.
- You do not renew the brand - the protection of trademark is valid for 10 years and requires renewal.
- You do not track the market - unauthorized use of your mark may occur without your knowledge.
- You do not have an international protection strategy - if you are planning to expand outside Greece, early registration is critical.
What DARC Advertising can do for your business
Η DARC Advertising specializes in the legal protection of trademarks, offering registration, monitoring and legal support services. From the National registration in Greece until the international protection through EUIPO and WIPO, we ensure that your brand remains fully protected.
