Trademark Registration in Germany
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Everyone can get legislative protection for their trademarks in Germany. It`s implemented through trademark registration. Not only residents, but residents of other countries can register trademark in Germany. An important feature is the need to file an application through an accredited patent attorney or a lawyer. We have contracted with several experienced attorneys and are ready to complete the registration service for you. The German Patent and Trade Mark Office (Das Deutsche Patent und Markenamt) carries out official registration. The Headquarters of the Office is in Munich, there are also branches in Berlin and in the city of Jena. By applying for the national procedure, you will receive protection exclusively in the Federal Republic of Germany. If you need to expand the scope of the trademark, you can choose international registration or registration in the EU comprehensively.
What can you register as a trademark in Germany?
The most common trademark types in Germany are:
- Word trademark.
- Design trademark.
- Combined trademark.
A word trademark protects the name of the company or advertising slogan. As a word trademark in Germany, you can register a trademark consisting of letters, numbers or a combination thereof.
Design trademark supposes the registration of graphics - logo, character or even the appearance of the package.
As a combined trademark in Germany, you can protect both the graphic element and the verbal one.
In addition to these types of trademarks, it is also possible to obtain protection of colours, holograms, multimedia marks, sounds and three-dimensional characters.
Classes for registering a trademark in Germany.
In Germany, as in other countries, a trademark is registered according to specific goods or services. In other words, you protect your trademark solely for those goods or services that you produce or provide. A complete list of them is in the international classifier. There are 45 classes in total. You can choose the necessary ones on our website using the search. Just enter a name and the system will offer a suitable class number. If you cannot make your choice, our experts will help you.
Verification and registration of a trademark in Germany.
One of the main requirements for a trademark is its distinctive ability. The trademark claimed for registration must have uniqueness, which will distinguish it from competitors. In addition, the mark must not violate the rights of third parties. How to determine whether a trademark meets these criteria? That`s why, there is a search and check of the trademark in Germany.
Trademark Search in Germany
Before receiving protection, each trademark is subject to mandatory check. Otherwise, a third party may file an opposition against your trade mark at the DPMA. In that case your trade mark might have to be cancelled. At the initial stage, our experts carry out such a check. If the check was successful, we apply for registration. After registration of your trade mark, you should regularly carry out searches for new registrations of other trade marks to be able to act against identical or similar trade marks, thus defending your trade mark.
Trademark Application in Germany
So, what is the procedure for registration of trademark in Germany? The trademark registration procedure looks like this:
- Official application to the Office.
- Examination of the application and trademark registration.
- Possible objection.
Some words about filing requirements in Germany: in your trade mark application you have to
- indicate the trade mark applicant(s)
- indicate the desired trade mark
- indicate the applicable goods and services
If everything is clear with the first two points, the third one may raise questions. The fact is that third parties may file objections to registration within 3 months after the issuance of a Certificate for a trademark. We try to reduce the likelihood of this process even at the search stage, but it is impossible to exclude it completely. Our lawyers work with such objections, they help to build the right position and prepare the necessary documents.
How long does it take to register a trademark in Germany? The time required for the full execution of trademark is from 7 to 12 months. An accelerated examination is also possible: then the processing of your application will be given priority. If the trade mark application is in due form and the trade mark is eligible for protection, it can be registered after a few working days, but, as the latest, within six months after filing the application. And for accelerated examination you must pay €200.
The trademark is valid for 10 years with the possibility for subsequent renewal. The duration of protection of a trade mark registered on or after 14 January 2019 starts on the day following the filing of the trade mark application and, as a rule, ends on the expiry of the day which corresponds in designation or number to the filing day (e.g. application of 27 March 2019 – end of protection on 27 March 2029).
You can renew your trade mark protection for further periods of ten years. The renewal will take effect on the day following the expiry of the duration of protection. For an overall renewal of your trade mark you will pay the renewal fees.
The fee for your application depends on the number of classes indicated. The basic application fee for up to three classes is €300 for paper-based filing and €290 for online or electronic filing. For each additional class you should pay €100.