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ARTICLE · 24 JANUARY 2024

Do I Have To Register My Brand Or Can I Use It Without Registration?

Schoenherr (Schönherr Rechtsanwälte)
Schoenherr (Schönherr Rechtsanwälte)
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Schoenherr (Schönherr Rechtsanwälte)

Schoenherr (Schönherr Rechtsanwälte)

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You are well advised to, but in principle there is no legal requirement to register your trademark in the European Union. There are several good reasons to file a trademark application.

AustriaIntellectual Property

You are well advised to, but in principle there is no legal requirement to register your trademark in the European Union. There are several good reasons to file a trademark application.

Find the German version of this article below.

Let's have a look at the top three:

1. Trademark registration grants the exclusive right to a trademark.

As the owner of a registered trademark, you can prevent third parties from using your trademark – or a similar trademark – without your consent (if the third party does not have earlier rights). Without trademark registration you might only be able to rely on rights acquired by use. Even if you can meet the thresholds for unregistered rights, proving such rights is time-consuming, costly and sometimes simply impossible if the trademark use was not documented.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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