Vorgezogener Werktitelschutz

According to the German Trademark Act, the title as an indication of intellectual creative activity is protected by trademark law without registration. However, the law does not stipulate when this protection begins, a question which is significant due to the concept of priority. In practice, there has always been a public advance notice of a planned title, and it is this notice which is used to establish the right to the title. With this so-called title protection notice, the media branch has created its own system of early protection of a title. Jan Görden analyzes when and under which conditions protection of a title begins according to the German Trademark Act and investigates the basic validity of the early protection of a title by focusing on the historical development, the practical significance of title protection and of the interests concerned.