Trademark Registration in Germany

Germany Trademark Registration – How to Register and its Benefits

Why do you need a Trademark Registration in Germany?

For obtaining trademark protection in Germany, you can do trademark registration in Germany in two ways: You can request for registration in the whole of European Union by applying for one single application. You can do this via the European Union Trademark that offers trademark protection in about 28 member countries of the EU. Another option is to apply for register for your trademark directly in Germany

A trademark attorney will usually process a trademark registration in Germany by performing the following steps:

Step 1. Trademark’s Comprehensive Study:

Before filing for trademark registration in Germany, it is important to assess all probable challenges that could come in the way of the registration process. This Comprehensive Study of the trademark helps in making a list of all comparable trademarks (graphically or phonetically) that might conflict with the one selected by you.

Step 2. Request of Trademark Registration:

The next step is that an attorney files your particular trademark registration in Germany and fulfils all necessary steps in the Trademark Office for getting registration approval. After the trademark is filed, we send the filing report comprising of the application number, date, and a scanned copy of the complete application.

Step 3: Trademark Registration Certificate:

After the trademark application is approved by the Trademark Office, the attorneys then complete all required tasks in order to obtain the registration certificate in Germany. After the certificate is obtained, it is forwarded to your postal address along with a registration report that includes all details like the registration number, registration date and any special consideration that should be taken into account in Germany.

Will I get any right after having a registered trademark in Germany?

Yes, you have to get registration done for establishing trademark rights. The “first to file” rule is applicable in Germany.

On what grounds can a Trademark Application be opposed?

Trademark can be opposed if:
  • A similar trademark was registered by another individual/company
  • A well-known trademark has been copied
  • The trademark was registered in an agent’s name or some representative of the trademark’s owner
  • Rights against trade names have been violated
  • Some absolute grounds like deceptiveness, non-distinctiveness, etc
  • Violation of rights like rights to a personal name, copyrighted content, patented design, etc

Is Germany a member of the Madrid System?

Yes. Germany is a member of the Madrid Protocol and the Madrid Agreement.

Is there any timeline or the approval of trademark registration?

The average timeline for approval of the registration is 3 months, provided no objections or oppositions happen.

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

Yes, the registered trademarks are protected in Germany and East Germany. But if the registration is based on the EU Trade Mark (formerly Community Trademark), then the territorial limit is all member countries of EU.

What are the various kinds of trademarks permitted to be registered in Germany?

Any sign that can be graphically represented and can set apart a product/service from its competitors can be registered:
  • Names
  • Slogans
  • Words
  • Sounds
  • Taste
  • Touch
  • Smell
  • Devices
  • Holograms
  • Trade dress
  • Colors
  • 3-D shapes

Post the trademark registration in Germany, for how many years is it valid?

The initial term of a trademark registration is 10 years.

When will I have to renew my trademark?

Subsequent renewals should be done every 10 years

What would be the renewal date for a trademark?

The first renewal date of a trademark registration in Germany is 10 years counted from the date of application filing.

What documentation is needed while renewing a trademark?

No documentation is needed for renewals.

Do I get a grace period after my trademark expires?

Yes, the grace period after the expiry of the renewal date is 6 months.

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