There was a recent discussion at a Twitch streamer claiming that you couldn't use your name anywhere in Europe on the Internet. As an example, let's say his name is Preymer, you couldn't get Preymer all over Europe or Call Fifapreymer. He would have paid 5000 euro for it and anyone who does not abide by it would have to pay a heavy fine.
What I'm now wondering is firstly whether there really is such a thing and secondly whether you are warned if you use it somewhere similarly without knowing that the name is already occupied. He said that this excuse of "ignorance" can't be brought up. When I asked him what to do if you use it on PSN, for example, he banned me.
What do you know / think Can you really save the name for 5000 euro across Europe? What measures are taken if someone ignorantly uses the name in a way? According to him, one would have to pay a fine directly.
Brand names can be protected, yes.
"Trademark protection arises from the registration of a registered trademark in the register of the DPMA. In addition, trademark protection can also be created through the validity of traffic as a result of intensive use of a trademark in business transactions or through general awareness."
https://www.dpma.de/marken/markenschutz/index.html#:~:text=Markenschutz%20entsteht%20durch%20die%20Eintragung,oder%20durch%20allgemeine%20Bekanntheit%20entstehen.
If you want to use a brand name yourself, you have to check whether it is still available or you have to hire a law firm.
And yes, if you don't do that, it can be very expensive. So he is right when he claims that ignorance does not protect against punishment.
After all, this is your problem if you fail to meet your test requirements!
First of all thanks for your answer.
What I'm still wondering is when, for example, a younger child or young person creates a digital name for the first time, such as on the Playstation. Back then and today nobody checked whether the name was protected anywhere. You would only change it a little if it is already in use, or is it just me? Because I can't imagine that a young person has to pay a heavy fine just because he has not researched his new name on the Internet, whether he is protected or not.
It depends on where and for what he uses the name on the Internet.
He is an independent YouTuber and streamer who is also active on Playstation. So he's active in the gaming industry.
Protect the name in so-called classes / groups.
Example:
Chocolate bar "Mars"
Now no one else could call his chocolate bar "Mars".
But a sneaker manufacturer may well name its sneaker "Mars".
All right, so that's not true from that point of view that you can't use the name anywhere in Europe, since it is very likely that it only protected it in its industry?
All right, so from this point of view it is not true that the name can't be used anywhere in Europe, since it is very likely that it only protected it in its industry
No, that is not correct. As # Alarm67 has already written, it depends on the Nice class in which the brand is registered. So in which area you use them, and you can't just take all classes (apart from the costs), you have to be active in them. (See the example with the chocolate bars.)
He can also buckle the punishment. Nothing happens except an omission. Compensation is possible there, but the damage must also be proven.
Yes, if at all, then probably only for a certain class / group.
