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Germany Trademark Registration 

In order to obtain trademark protection in Germany you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Germany. If you want to proceed this way please follow the steps described below.

 
Attorneys - Germany
 
Welcome:

My name is Albrecht Saß and I'm the representative Attorney in Germany.

I'll be personally in charge of your trademark registration process.
 
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A trademark attorney will process your trademark registration in Germany through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

 
Trademark Registration Certificate   Step 3. Trademark Registration Certificate:
Once your trademark application is approved, we will obtain your registration certificate.
Step 3 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 3 months, if no objections or oppositions arise.

     

  • If I register my trademark in Germany, do I have protection in other territories?

    Registered trademarks in this jurisdiction are protected in Germany and East Germany. If the registration can be based on the European Union Trade Mark (formerly Community Trademark), the territorial limit would be all member countries of EU.

  • Do I need to sign a Power of Attorney?

    A simple scanned power of attorney is required.

  • Are there any benefits from a pre-filing use of the trademark?

    No. There are no benefits from pre-filing use.

  • Will there be problems in case I don’t use my trademark after registration?

    Yes. Non-use of a registered mark can result to cancellation of registration.

  • What are the types of trademark that can be registered in Germany?

    Marks that can be represented clearly and can make a product or service distinguishable from others are allowed for registration: 

    • Names
    • Slogans
    • Words
    • Sounds
    • Taste
    • Touch
    • Smell
    • Trade dress
    • Devices
    • Holograms
    • Colors
    • Shapes with 3 dimensions
  • What are the phases of application after a trademark has been filed in Germany?

    The sequence of the application procedure is as follows: 

    1. Examination – Elements of the application are examined such as compliance to trademark requirements, classes of good/service, clarity of description, and deceptiveness.
    2. Registration – After the mark was examined by the trademark office authorities, and there are no absolute grounds for the application to be refused, a certificate of registration will be issued to the applicant.
    3. Publication – The registered trademark will then be published in the Markenblatt. The specifics of the registration will be published and be made accessible to the public. The publication phase allows third-parties to check the newly registered mark and file a complaint or opposition if need be.
  • What type of trademark is non-registrable?

    Some marks are prohibited by this jurisdiction to be registered: 

    • Marks that are incompatible with Germany’s moral standards or marks that oppose public order
    • Terms that have a broad meaning (generic words)
    • Marks that use symbols, names or flags of regions, states, nations and international organization without permission from proper authorities
    • Marks that do not display distinctive characteristics
  • Does Germany use the "Nice Classification" system?

    The Nice Classification system is used in Germany only as a general guide.

  • Does the Community Trademark apply for Germany?

    Yes. Germany is a member of the European Union and EUTM (European Union Trade Mark) registration system is effective in this jurisdiction.

  • Is there any possibility to claim priority in Germany?

    Yes. The filing date in your home country can be claimed as the filing date in Germany if the following requirements are met: 

    • Your home country is a member of the Paris Convention
    • The filing date in your home country occurred within 6 months prior to the application date in Germany
    • Your home country is a member of the WTO (World Trade Organization)
    • International registration can be based in Germany
  • What do I need to do to satisfy the use requirement?

    You must use a registered mark within 5 years from the date the registration was granted or 5 years from the date the opposition was terminated. Also, “use” must be in a business scale and must occur in this jurisdiction. If the mark was registered in the European Union Trade Mark, use of the mark in any of the member state would suffice.

  • Once my trademark has been registered, for how many years will be valid?

    The registered mark will be initially valid for 10 years computed from the date of application.

  • What will be the renewal date of my trademark?

    You have to renew your mark 10 years from the date you filed your application.

  • Is it legal to use my trademark even if it is not yet registered?

    Yes. You may legally use an unregistered trademark for selling goods or services.


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