Patent Law Firm

Dr. Ernst-Peter Heilein

  • Intellectual Property
  • Gewerblicher Rechtsschutz
  • Propriété Intellectuelle

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Titles of Works

In principle also titles of creative works like printed matters, films, computer programs, etc. are capable of being protected by the Trade Mark Act. The title right is in force as soon as the exploitation starts, when the title is distinctive, otherwise if it has achieved secondary meaning. Exceptionally the protection can be put forward: Thus the take up of exploitation in the case of printed matters starts already with the publication of the work. Also the notice of a work under its title is put on a par with a real take up of exploitation by publication if the work is published under the title within an adequate period of time (the so called title protection notification). The effects of the title protection right are parallel to those of the trade mark right.