A registered trade mark is evidenced in a deed for the trade mark proprietor and results in principle in monopolistic trade mark protection in favour of the proprietor for the territory applied for. The existence of the trade mark right can largely be proved by the deed as such.
A registered trade mark can be of considerable importance when registering or obtaining a domain name on the internet. This is because, in principle, no exclusive rights can be derived from the registration of a domain name under private law, in contrast to the registration of a trade mark.
In addition, a trade mark can serve to distinguish a domain name from those of competitors. This is because when searching for new names, the trade mark register is typically also consulted in order not to select a similar term that has already been registered. Furthermore, a trade mark can protect a company name. When registering a company name, the trade register only checks locally whether such a company name already exists. Even an enquiry to the local Chamber of Industry and Commerce does not lead to a nationwide check. Therefore, it can make sense to protect a company name with a trademark.
In addition to these protective and informational functions, trademarks also offer protection against service or product piracy.
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