A trade mark allows an undertaking to monopolise a certain sign, usually a word or a picture, for specific goods and services (products)^[1] as an indication of origin. On this basis, the trade mark serves to distinguish the products of this undertaking from those of other undertakings or from other products of the same undertaking. Normally^[2], trade mark protection is obtained by applying for and registering the trade mark in a trade mark register that contains all the essential data and a representation of the trade mark.^[3]
The entry for what is probably the oldest German trade mark, a figurative mark protected for porcelain products from the Meissen State Porcelain Manufactory, looks like this:
(111) Registration number DD2075

(210) File number K255

(540) Representation of the trade mark

(550) Type of trade mark Figurative mark (BM)

(220) Filing date 20.05.1875

(151) Date of entry in the Register 23 January 1895

(450) Date of publication of the entry 1 December 1956

(732) Proprietor Staatliche Porzellan-Manufaktur Meissen GmbH, Meißen, DE

(750) Address for service/recipient Staatliche Porzellan-Manufaktur Meissen GmbH, Talstr. 9, 01662 Meißen

(511) Main class 17

(511) Further classes 05, 09, 11, 19, 21

(510) List of goods/services: porcelain products of all kinds.

(531) Vienna Classification 23.01.01, 24.11.00

(156) Renewal with effect from 13 June 2014
A trade mark gives its proprietor an exclusive right to prevent the use of signs by third parties. On the other hand, registration does not automatically confer the right to use the sign; rather, earlier rights of third parties may also conflict with a registered trade mark and its use.^[4] A key point is that trade mark rights only apply to use in the course of trade - unlike in copyright law, where private use can constitute an infringement.