Trademark Symbol - ™or ® - Why TM could be dangerous in Germany
Channel: Rolf Claessen
Date: 06/10/2016

This video is about the Trademark Symbol  - ™or ® - Why could TM be dangerous in Germany?
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The trademark symbol TM is typically used to indicate that you use a certain word or graphics is used as a trademark. Typically, it stands for a unregistered trademark. In the US, there is no need to have a trademark registered in order to use TM. As an example, I can use FREISCHEMTM to show that I use FREISCHEM as a trademark for my services.
If you have a registered trademark, you can use ® to show that you have a registered trademark for certain goods or services.
In some countries, like e.g. in Germany, use of TM can be dangerous without having a registered trademark. Regional Courts and Higher Regional Courts currently have dissenting opinions.
The Regional Court in Berlin decided that use of TM is not an anticompetitive deception, if you do not have a registered trademark (KG Berlin, Beschluss vom 31.05.2013, Az.: 5 W 114/13). The Regional Court in Essen has a similar opinion (LG Essen, 44 O 18/03).  
The Higher Regional Court in Cologne has decided that obviously foreign products can be marked with ®, even if there is no registered trademark in Germany or the EU, because consumers would think that the trademark is protected in the country of origin (OLG Köln, 6 U 114/09).
However, the Regional Court in Munich I was of the opinion that consumers in Germany do not know the practice in the US and the difference if TM and ® and will be deceived, if there is a TM used after a word without a registered trademark (LG München I, 1 HK O 1755/03).
So, better not use TM in Germany, if you do not have a registered trademark in the EU or Germany.
Another thing is ©, which is used to indicate copyright, which does not really have anything to do with trademarks.
If you are new to this channel and want to learn more about patents, trademarks and designs, please subscribe to my channel. If you found this video helpful, please hit like. Leave your comments and questions below this video. And – as always – protect your intellectual property and go make it count! 

Stichworte: Rolf Claessen, Patentanwalt, Michalski · Hüttermann & Partner, Patent Attorney, Trademark Symbol #12 Trademarks Trademark Symbol Intellectual Property Geistiges Eigentum Howto Tutorial Patentanwalt Germany registered trademark used trademark #2 trademark in use deceiving deceptive unfair competition trademark registration Patent AttorneyTrademark Attorney Rolf Claessen #5


About Rolf Claessen

Rolf is patent attorney of IP boutique law firm Freischem. The firm is managing about 4500 trademarks and 6500 patents and patent applications for mostly domestic medium sized clients in Germany in many technical fields.  

His personal background is chemistry and nanotechnology. Before becoming a patent attorney, he received his Ph.D. from the College of  Nanoscale Science and Engineering as well as the Chemistry Department, both at the State University of New York at Albany. Also, he worked for a small nanotechnology startup that was spun out of the Bayer group.

The focus of his practice is the prosecution of trademarks and patents and other intellectual property rights. His expertise in patent prosecution encompasses a deep understanding of patent law, prior art searches, prosecuting patent applications, patent drafting, opposition and defending against competitors. With the team at Freischem, he strives to be the external IP department for many medium sized companies. 

Rolf has been included in the Patent 1000 rankings of the IAM magazine ever since 2013. And he is included in the WTR1000 ranking in 2015.

He is a prolific writer mostly writing for law journals such as GRUR or IP Rechtsberater. He is host of his two podcasts Markenpod and IP Fridays.

Rolf is also volunteering his time in the worldwide volunteer organization Junior Chamber International (JCI), where he served as executive congress director for the JCI World Congress 2014 in Germany. 

He enjoys spending at least the weekends with his three kids and his wife. Rolf wishes to have more time for hobbies like sailing.

Contact Rolf at

Dr. Rolf Claessen
Michalski · Hüttermann & Partner
Speditionstraße 21
D-40221 Düsseldorf
Germany

Telephone:  +49 211 159 249 0
Facsimile: +49 (221)  27057710

http://www.rolfclaessen.com


Legalese and Disclaimer

You have been watching a video by Rolf Claessen. The views expressed by the participants of this program are their own and do not represent the views of nor are they endorsed by their respective law firms.  None of the content should be considered legal advice.  This video should not be construed as legal advice or legal opinion on any specific facts or circumstances.  The contents of this video are intended for general informational purposes only and you are urged to consult your own patent attorney on any specific legal questions. As always, consult a patent attorney.