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Trademark registration in Germany

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  • Trademark fees

Fees associated with filing trademark application in Germany as well as other trademark fees are available in the fee calculator.

  • Multiple-class applications

Multiple class trademark applications are possible in Germany.

  • Filing requirements in Germany

The official language of the German trademark application is German. Applications filed in a foreign language shall be accorded a date of filing providing that a German translation is filed within three months from receiving the application by the German Patent and Trade Mark Office (DMPA). The DPMA may request from the applicant, setting an appropriate time limit, that the translation be authenticated by a lawyer or a patent attorney or made by a sworn translator.

The following information must be provided for successful filing of a trademark application: applicant’s details, representation of the trademark and a list of the goods or services for which registration is being requested.

If an applicant wishes to claim a priority of an earlier application, a copy of the priority documents has to be submitted (with a possibility of late filing within two months from the filing date), the translation into German need not be provided unless requested by DPMA.

The POA should be submitted only in case the representative is not a German Patent Attorney. The legalization or notarization of the POA is not required.

  • Examination, publication and opposition against a trademark in Germany

The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks. If all the requirements are met, a trademark will be registered and published in the Trade Mark Journal (Markenblatt). The opposition period is 3 months from the publication date.

  • Grant, validity term and trademark renewal

The official grant fee for a German trademark is not stipulated. The trademark in Germany is valid for 10 years from the filing date, and it may be renewed for consecutive ten-year periods. Renewal fees may be paid within one year prior to the expiry of the protection term (last day of the month in which the filing date falls). The fee can be paid without a surcharge until the end of the second month after the due date. Following this date the trademark owner can still pay renewal fee until the expiry of the sixth month after the due date together with a surcharge for late payment.

  • Duration of registration procedure

The processing time from filing to registration is approximately 3-4 months in case of smooth registration procedure.

  • Use requirement

Registration of the trademark in Germany can be cancelled on the grounds of non-use upon a third party’s request if the trademark has not been used for a continuous period of 5 years from its registration date.

  • Representation by a trademark attorney

Persons neither residing nor having a principal place of business nor an establishment in Germany should appoint a registered German patent attorney. The representative may also be a national of a member state of the European Union or of another state which is a contracting party to the Agreement on the European Economic Area.

  • Notes

1. Online Search databases: German Trademarks, EU Trademarks, International Trademarks.
2. Trademark protection in Germany may also be obtained via registration of a European Union Trademark.

The above information was verified by PATENTSHIP PATENTANWALTSGESELLSCHAFT MBH on 01.03.2019
Please contact us if the above information contains any discrepancies with German IP Laws