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A brand does not necessarily have to be registered to enjoy legal protection, but registration does offer significant advantages. In Germany, trademark protection can also arise from the use of a trademark if it is so well known on the market that it can be associated with a particular company by a large part of the target group. This is referred to as a used trademark or reputation. However, proving this protection is costly and uncertain.
By registering a brand in the trademark register, for example at the German Patent and Trademark Office (DPMA), the protection becomes more comprehensive and legally clearly regulated. Registered trademarks enjoy protection against unauthorized use and imitation in the defined scope of protection (e.g. in Germany or throughout the EU, depending on the registration). In addition, registration gives brand owners the right to take action against potential infringements, which significantly strengthens brand protection. Therefore, registration is generally recommended in order to legally secure a brand and successfully protect it economically.