Protecting your brand: trademark rights and enforcement

Insights|December 16, 2025

A strong brand is one of a company’s most valuable assets, and trademarks are central to protecting that value. A trademark is a sign that distinguishes the goods or services of one business from those of others. It can take many forms, such as a word, logo, slogan, color, shape or sound, if it can identify the commercial origin of the goods or services.

What is a trademark and how is it protected?

To function as a trademark, a sign must be distinctive. It cannot simply describe the goods or services, their quality, purpose or other characteristics. For example, using the word “green” for environmentally friendly products is likely to be considered descriptive and therefore not eligible for protection as a trademark.

Trademark protection is obtained primarily through registration. Businesses may seek protection as a national trademark, an EU trademark or through international registrations covering several countries. When registering a trademark, it must be linked to specific goods and services. The scope of protection is limited to these, and rights in one sector do not automatically extend to others. A mark registered for clothing will not necessarily be protected in relation to software or food products.

In many jurisdictions, including the EU, trademark rights are subject to a use requirement. The owner must begin genuine use of the mark for the registered goods or services within a certain period, typically five years from registration. Failure to do so may expose the trademark to cancellation for non-use.

Rights granted by a trademark

A registered trademark grants its owner the exclusive right to prevent third parties from using identical or confusingly similar signs during trade. This covers situations where an identical sign is used for identical goods or services, as well as cases where there is a likelihood of confusion due to the similarity of the signs and overlap in goods or services.

For trademarks with a strong reputation, protection can extend even to dissimilar goods or services where the use of a similar sign would take unfair advantage of, or be detrimental to, the distinctive character or reputation of the mark.

Importantly, trademark rights in the EU generally take effect from the filing date of the application. This means that the applicant can rely on its rights against later-filed conflicting marks even while the registration process is still pending.

Monitoring and enforcement

Trademark protection is only effective if it is actively monitored and enforced. Rights holders should keep track of new trademark applications, domain name registrations and online use of their brand. Monitoring may cover official trademark registers, domain registries, online marketplaces and social media platforms.

When potential infringements are detected, the first step is often to contact the infringer directly. A cease-and-desist letter typically sets out the rights holder’s position, requests that the infringing use is stopped and may seek compensation for damages. Where infringing content appears online, notices can be sent to hosting providers, online marketplaces, app stores or social media platforms under their notice-and-takedown procedures.

If voluntary compliance is not achieved, more formal measures may be required. Court proceedings allow trademark owners to seek injunctions, damages and the removal of infringing goods from the market. In some jurisdictions, such as China, administrative authorities such as the Administration for Market Regulation can conduct raids and impose administrative penalties. Customs authorities also play an important role in combating counterfeits by detaining and seizing infringing goods at the border, provided that the trademark has been registered with customs.

In addition, trademark registers can be kept clear of conflicting rights through opposition and cancellation proceedings. These procedures allow rights holders to challenge new applications or existing registrations that conflict with their earlier rights.

The value of trademark protection

Well-managed trademark protection supports brand integrity, helps prevent consumer confusion and strengthens the company’s market position. A registered trademark provides clear evidence of ownership, the geographical scope of protection and the goods and services covered. This transparency has a deterrent effect, as it signals that the brand is protected and that misuse may have legal consequences.

Trademarks also have significant commercial value. They can be licensed or franchised, used as collateral and included as key assets in transactions. Investing in the registration, monitoring and enforcement of trademarks is therefore not only a legal necessity but also a strategic business decision.

Protecting your brand starts with a clear understanding of what you want to safeguard, where you need protection and how you will use and enforce your rights. A thoughtful trademark strategy, supported by consistent monitoring and timely enforcement, forms the backbone of long-term brand value.

Read more insights from our Brand Protection team:

Copyright in the Applied Arts: Safeguarding creative value

The importance of legal protection for brand value

Consumer trust is the cornerstone of a strong brand

Design rights made simple: protecting product look and feel in the EU