Like the patent the protection of utility models requires an application of the object at the German Patent and Trademark Office. For the registration in the register the German Patent and Trademark Office examines just if the formal requirements are fulfilled and if the object is accessible to the trademark protection. However, it doesn’t examine novelty, the existence of an inventive step and the susceptibility of industrial application. For that reason the utility model is easier achievable than a patent.
Once the utility model is registered only the holder of the right may use the protected object. If the legal prohibition is violated the owner of the utility model can sue the infringer for discontinuance and in the case of culpable action sue him for damages. Due to the low requirements as a whole and the scope of protection which is substantially the same compared to the patent law the utility model law is of great importance in practice even though the term of protection is relatively short (10 years at most).