Differences in copyright on software, Trademarks and Designs

Generally, each, of an intellectual is achieved by a copyright on his spiritual power.

Copyright is automatically as protection of intellectual creations

  • Software, Images and photos

The copyright does not apply for

  • Brands, Design and technical inventions.

For these groups, a brand / design / patent be declared. Condition, that the protected object is used commercially, otherwise there is no registration available.

Registration of a mark


  • simple national application in D: 300€ (applies to 3 of 44 Arbitrary Industries)
  • national application in D: 4400€ (for all 44 Sectors)
  • simple European application: 1800€

Recommendation: File first nationally, since then, other European brands then secured in D can not act. Since Germany is the largest economy in the EU, worthwhile for others to sign a European brand significantly less.

It should first be tested, whether a trademark is registered national or European, because the patent office before signing this itself does not: dpma.de.

Registration of a mark in Berlin: Patent Office Hallesches Tor Berlin

Tip for research: The data in the online database systems are up to 6 Weeks old, only in the computer terminals of the Patent Office may be viewed or updated information you entrusted a patent- or trademark attorney, the then for 400 € to 1000 € for the Halle Gate moves :)

Who is right in the same company name?

There 4 Various reasons have the right to a name:

  1. Name of a company or private person
  2. a trade mark
  3. corporate ID
  4. eine Domain

The first 3 have equal rights while, The domain is one less legally.

It applies, who can prove that first has acquired a right, even if he was born with the name, can bring nothing other abmahnen.Es, if the other world brand “Sebastian Viereck” can protect. In that case I could dagegeben legal action:)

How do I find, if anyone uses a specific name?

This is difficult with 100% to say complete assurance. It helps the Registered and Google (Link I do not even now).


This article does not replace legal advice and the lawyer is not liable for the accuracy. I recommend you contact a lawyer IT: Firm Bilk & Wedge.