German TrademarksA trademark is a sign, or a combination of signs, capable of distinguishing the goods or services of one enterprise from those of other enterprises. The German Trademark Act with effect from January 1, 1995 (MarkenG) provides for the protection of distinctive words, names, drawings or pictures, letters, numbers, sounds, colors or combinations of colors, and three-dimensional shapes, such as the form of containers or packages for the product.Not eligible for trademark protection are shapes which are dictated by their function. Registration is made in respect of specified goods or services according to the classification of goods and services. If a trademark is registered, then no person or enterprise other than its owner may use it for goods or services identical with or similar to those for which the trademark is registered. Any unauthorized use of a sign similar to the protected mark is also prohibited, if such use may lead to confusion in the minds of the public. Furthermore, no person or enterprise other than its owner may use a trademark even for dissimilar goods or services to those for which the trademark is registered, if it is well-known. The protection of a trademark is unlimited in time, provided its registration is periodically renewed every 10 years.
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