Brand protection for influencers: secure name, channel and merchandise as a brand
Your name is your most important brand. We research, register and defend your creator name, your channel and your merchandise in Germany, the EU and worldwide.
- Brand research before launch
- Registration with the DPMA, EUIPO and International
- Defense and enforcement in brand conflicts
Why Creator should protect your name as a brand
Anyone who builds a community creates a value that depends on a name: the channel name, the podcast title, the label for merchandise or your own product. Without a registered trademark, a third party can register this name and, in the worst case, prohibit you from using it further. Brand conflicts arise particularly frequently when Creators bring their own products to the market.
At the same time, the trademark law for Creator is a risk: Anyone who uses foreign brands in channel names, hashtags or merch can be warned. We advise in both directions and work closely with our patent and trademark attorneys.
Typical situations in which we help
- They want to launch their own merchandise, a line of cosmetics or a food product.
- Your channel or podcast name should be permanently protected.
- Someone sells fan articles with their name or logo.
- You have received a trademark cease-and-desist letter because of your name.
- You want to expand abroad with your brand.
- They set up a joint project with other creators and have to clarify who owns the brand.
Legal basis at a glance
How brand protection is created
Trademark protection arises primarily through registration with the German Patent and Trademark Office (DPMA) or the Office of the European Union for Intellectual Property (EUIPO). A Union trademark applies in all EU countries. In addition, protection can arise through use with traffic validity. However, it is difficult to prove this. A brand can be extended by ten years indefinitely.
The right classes
Brands are registered for certain goods and services according to the Nice classification. Class 9 (downloadable content), 25 (clothing), 35 (advertising and marketing), 38 (telecommunication, streaming) and 41 (entertainment, education) are often relevant for creators. Depending on the product, other classes such as cosmetics (3) or food (29, 30, 32) are added. Too narrow a directory leaves gaps, too far increases the risk of conflict.
Research before registration
Before registering, it should be checked whether there are older identical or similar brands. The offices do not check this ex officio. Owners of older brands can object or later sue for injunctive relief. A professional similarity search costs a fraction of a later rebranding.
Work title and name right
Channel names, podcasts and formats can also be protected as work titles according to § 5 Para. 3 MarkenG as soon as they are used. Your own civil name is protected by § 12 BGB. However, these rights do not replace a trademark application, especially not for merchandise.
External brands in their own content
The mention of third-party brands in reviews and tests is generally permitted as long as it is descriptive and does not give the impression of an official partnership (§ 23 MarkenG). On the other hand, it is inadmissible to transfer third-party brands in their own channel names or on merch.
Practical examples: typical scenarios
We regularly meet the following scenarios in the consultation. They are anonymized and simplified and show how such cases are typically classified. They do not describe any specific mandates and do not promise a specific result.
Merch launch with potential for conflict
Situation: A fitness creator wants to start a sportswear line under his nickname. Research shows a similar older brand of clothing.
Legal assessment: With the identity of the goods and the similarity of sound, there is a considerable risk of confusion. A launch under this name could lead to claims for injunctive relief and to recall the goods.
Our approach: With the Creator, we develop a modified word mark that clearly distinguishes itself and register it as a Union trademark.
Fake merch on marketplaces
Situation: T-shirts with the logo of a gaming creator are sold on several platforms.
Legal assessment: With a registered trademark, it can take action against the dealers and use the platform methods for trademark protection. Without a trademark, only the copyright of the logo and the right to name remain.
Our approach: We have the offers removed via the brand protection programs of the platforms and repeatedly warn against conspicuous dealers.
Dispute about the brand in the duo channel
Situation: Two creators operate a common channel. One has registered the channel name alone as a brand. After the separation, he demands that the other person no longer uses the name.
Legal assessment: Whether the brand is held in trust for the community depends on the agreements and the company law situation. There is often a GbR.
Our approach: We clarify the legal situation, negotiate a dispute agreement and regulate the use and transfer of the brand.
That’s how we go
- 1
Initial assessment
You briefly describe the facts to us and send documents such as a contract, cease-and-desist letter or screenshots. We will tell you promptly where you stand and what the next steps will cost.
- 2
Secure evidence and deadlines
We document posts, stories and chat history in court and record all deadlines. Content disappears quickly, especially with social media.
- 3
Set strategy
Together we decide whether negotiation, defense, cease-and-desist letter or contract drafting is the right way. It is always about your reach and your business relationships.
- 4
Implement and enforce
We negotiate, formulate, answer and, if necessary, go to court, also in an urgent procedure. You will regularly be informed of what is happening.
Regarding the costs: Before every step we tell you what it costs. Depending on the case, we charge a flat-rate fee or by hourly rate according to the Lawyers’ Remuneration Act (RVG). If the opponent is obliged to reimburse, for example in the case of a justified cease-and-desist letter, we will claim these costs for you. More on this on our page Fee.
Common mistakes to avoid
- Only register the name when the product has already been produced.
- Register without research and then get a contradiction.
- Only register class 41 and later want to sell merch.
- Register the brand on a private person, even though a company operates the business.
- Use foreign brands in hashtags or channel names.
Frequently asked questions about brand protection
How much does a trademark registration cost?
The official fee for the DPMA for online registration is currently 290 euros for up to three classes. A Union trademark costs from the EUIPO from 850 euros for a class. In addition, there is research and legal support, which we quantify in advance.
How long does the registration take?
With the DPMA usually a few months, with the EUIPO also a few months if no objection is received. With the registration day, however, you already secure your time rank.
Can I register my real name as a brand?
Yes, personal names are generally registered as a trademark.
Do I need a brand if I only make videos?
Not mandatory. However, as soon as you plan products, merch or licenses or your name is economically valuable, the registration is recommended.
Deepening: Further information
Trademark law in the influencer context is a Self-marketing tool (brand protection, branding, merchandising) and at the same time Risk factorif third-party brands are not permitted.
The Trademark law is almost as important in the influencer context as this Copyright, because it is both at Building your own brands as well as at Cooperation with companies plays a central role. The main points structured:
1. Develop & protect your own brands
Many influencers use their name, a pseudonym or a logo as Brand:
- Name protection: Influencers can register their stage name or slogan as a brand (e.g. for fashion, cosmetics, food, fitness products).
- Logo & Branding: Designs, hashtags or a specific corporate design can be protected as a brand.
- Merchandise & Products: Anyone who sells t-shirts, cosmetic lines or supplements needs trademark protection to ward off imitators.
Advantage: With a registered trademark, the influencer can legally take legal action against plagiarism, fake shops or unauthorized use of his name.
We are not only professionals in influencer law, but of course experts in trademark law. Use an initial consultation!
2. Use of third-party brands in content
- Labeling requirement: If influencer show or advertise branded products, you need to make it clear whether it is Advertising acts.
- Trademark infringement: A trademark may not be used in a manner that damages the brand’s reputation or creates a risk of confusion.
- Hashtags & Tagging: The use of brand names in hashtags or descriptions can also be problematic if it gives the impression of a cooperation that doesn’t even exist.
3. Cooperations & License Issues
- Companies often grant influencers Licenses to Use Brands, e.g. B. for campaigns or product presentations.
- Conversely, influencers in cooperations have to regulate exactly whether and how the company Name or your logo may use.
- Point of contention: Duration, range and exclusivity such rights of use.
4. cease-and-desist letters & Conflicts
In influencer marketing are Trademark cease-and-desist letters often, e.g. B. because of:
- Impermissible use of third-party logos in posts or videos,
- Sale of products with protected brand names (e.g. “Gucci-Lookalike”),
- Use of protected terms as a domain or social media handle.
5. International Aspect
Most platforms are global – that’s why it’s playing International trademark law a role.
- Influencers who have reach or sell products worldwide must check in which countries their brand name is protected.
- Without international registration, imitators abroad can register the trademark for themselves.
Related Topics
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