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Trademark Management — a trademark’s life story

The lifetime of a trademark is characterized by constant change — change in the spirit of the times, but also in the products bearing the trademark in question. It is necessary to constantly scrutinize and realign the brand identity. This makes using the trademark a dynamic process which, if successful, could even result in it becoming famous.

Trademark Use
As the spirit of the times changes, this leads to constant changes in a trademark’s image as well, especially where figurative marks are concerned. The problem with this is that the trademark as it is actually being used may deviate so drastically from the registered version that the registered trademark eventually stops being used as defined by law and runs the risk of being nullified. An important requirement for the genuine use of a trademark is a use of the trademark according to its essential function of indicating the origin of the goods and services covered by the trademark protection.

Product Change
The products offered under a trademark can change in the course of the trademark’s lifetime due to technological developments or changes in the market, until at some point the original trademark protection fails to cover the current product portfolio. Then, it also fails to protect the products being marketed, even though a trademark still exists. Simultaneously, the trademark may be used not anymore for the registered products which can lead to an invalidity of the trademark.

Every marketing specialist would like to have a famous trademark. However, if this wish is granted, the trademark could soon become a generic term for the products marketed using the trademark, causing it to suddenly lose its protective capability.

At brandeur®, we will advise you during the trademark management period to ensure that your trademark protection continues to develop along with the product portfolio and the way the trademark is used, thus preserving your trademark’s strength and enabling you to prove the genuine use of the trademark in the case of a trademark enforcement. At your request, we would also take charge of complete management of your trademark portfolio.