Trademark monitoring as a strategic tool for trademark protection
Interview with Heinrich G. Pannen, partner at Kreuels Henrichs Pannen
Many companies assume that once a trademark has been registered, everything is taken care of. Why is trademark registration alone not enough?
Heinrich Pannen: Registration is an important first step, but it does not guarantee automatic comprehensive protection. Most trademark offices—such as the DPMA or EUIPO—do not comprehensively check whether identical or confusingly similar older trademarks exist. This means that conflicting signs can also be registered. The responsibility for defending older rights lies with the trademark owner themselves.
Does this mean that trademark owners are not automatically informed when similar trademarks are registered?
Heinrich Pannen: Exactly. There is usually no automatic notification. After a new trademark application is published, there is a relatively short opposition period—often three months. Only within this period can effective action be taken against the registration. If this period is missed, the only option is usually a much more costly cancellation procedure.
How does professional brand monitoring work in practice?
Heinrich Pannen: As part of brand monitoring, the database of relevant trademark registers is continuously checked using special search algorithms. Not only identical but also similar signs are recorded. The results are then evaluated from a legal perspective, taking into account visual, phonetic, and conceptual similarities as well as the similarity of goods and services.
Why is an algorithm alone not enough?
Heinrich Pannen: Because assessing the likelihood of confusion requires an overall legal assessment. Technical tools identify potential matches, but only legal analysis can determine whether an objection has a chance of success.
What are the risks of not monitoring your brand?
Heinrich Pannen: Without continuous monitoring, similar brands can establish themselves in the market. This can lead to confusion, dilution of the brand, and a reduction in the value of the brand portfolio. Early action in opposition proceedings is usually much more efficient and economical.
For whom is trademark monitoring particularly recommended?
Heinrich Pannen: Basically, for every brand owner. It is particularly relevant for companies with established brands, growth-oriented businesses, start-ups, and internationally active companies. The greater the economic value of a brand, the more important it is to monitor it consistently.
Conclusion: Trademark protection does not end with registration. Professional trademark monitoring is a key component of a sustainable IP strategy and enables companies to enforce their trademark rights effectively and economically.
Regarding Heinrich G. Pannen:
Since January 1, 2026, attorney Heinrich Pannen has joined the law firm Kreuels Henrichs Pannen (KHP) as a partner. He advises and represents national and international clients in trademark, design, and competition law, as well as in related areas of intellectual property law.