Wird eine Recherche durchgeführt?

A title protection notice does not generally include a title protection search. Providers of title protection notices only offer the registration of title protection, but not a prior check to see whether this title may infringe the rights of third parties. Before placing a title protection notice, you should carefully determine whether the rights to a title already belong to someone else. In addition to the advertisement service, many providers offer professional title protection searches, which can be requested separately before you register your title protection. To be absolutely legally secure when using a title, you should have an expert professional rule out any legal concerns. Since a new title can infringe both trademark rights and existing title protection, research by an expert in the field is more reliable than your own research on the Internet.

 

Should you conduct a title search before publishing and using a work title?

Before publishing a work, you should always conduct a title search. If the title you have chosen for your work is already being used by another author within the industry, this can have legal consequences and result in high fines. If your product is already on the market, you may be forced to withdraw the edition and release it under a new title. This can result in additional costs, as works without the correct title are not permitted for commercial distribution. If the preliminary search reveals no overlaps, nothing stands in the way of title protection and the subsequent publication of the new work.

In addition, regular research protects you from the fraudulent appropriation of a prominent title by others. Title protection makes your work distinguishable from other works, and you can ensure this at any time with the help of title protection research. Even after publication, you or an expert representative should conduct regular research to ensure that your title is not being misused by others. Fraudulent titles for works by »free riders« following a major success are deliberately chosen because of their high risk of confusion with existing titles. Thanks to title protection, you can prevent the production of overly similar titles in the same industry—provided you are aware of these titles. Research is therefore an important part of securing a successful title.