Trademark Registration in Germany. Register your trademark name, slogan, or logo today

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Trademark Registration in Germany

The protection of trademarks in Germany comes under the laws of the Trademark Act. Commercial labels and signs of geographical origin are also preserved by the Trademark Act in Germany.

A trademark is any sign, name, symbol, word, sound mark and three-dimensional designs used to describe the goods or services of a German company and recognize them from another company’s goods or services. Trademark protection occurs after the mark is enrolled with the Register of the Patent Office in Germany. Both companies and citizens in Germany are authorized to file a petition for trademark registration.

How do you recognize a Trademark?

Commonly-used symbols to identify a trademark are ® and TM. The 2 symbols are:

  • ® States to a registered and secured trademark according to trademark laws.
  •  Simply sees that the mark is being used as a trademark by the owner, but the mark is not absolutely registered or preserved under trademark laws.

Prove of the trademark registration is needed to succeed or support your trademark upon the non-use claim of any other parties. It means that the preserved trademark may be deleted upon the ground that within the time of 5 years following the date of completion of the registration procedure, the trademark has not been put to actual use of the course in Germany by the owner or with the permission of the owner for goods or service which are protected without the right reasons for such non-use.

Registering a trademark in Germany is direct and you can find a lot of valuable material and get advice from the Intellectual Property Office of Germany. Germany follows the Nice Classification system, which is practiced in over 150 countries. The Nice Classification details goods to Classes 1 to 34, and services to Classes 35 to 45. Each class is described by a class heading, which provides general information on the type of goods or services covered. 

You can find all request forms online, on our website Trademarkcart by email or phone, for personal consultations. Our specialist team will guide the whole processing of the trademark registration.

What Can Be Trademarked?

Who Can Apply For Trademark in Germany?

The owner of trademark applications and registrations can be a natural person, a legal person, or a partnership having the capacity to acquire rights and acquire liabilities.

  • Individual
  • Company
  • Proprietor
  • Society

It is better that you apply for the trademark as an individual. In a case of a proprietor or company, if you stop or change the name of the business.

Trademark Filing Requirements in Germany

The requirements for an application involve: 

  • In the case of figurative marks, sound marks, or three-dimensional marks, 4 prints of the mark no larger than 26.2 x 17 cm, representing the mark. 

  • Convention: preference must be claimed within 2 months of filing in German. 

  •  Power of attorney: candidates are not expected to submit a power of attorney with their applications, with one exemption. If either the Patent and Trademark Office or third-party questions the validity of the design, then a power of attorney must be filed with the application.

Germany Trademark Law

Trademark law in the Federal Republic of Germany is a part of the legislation that preserves the labelling of products in commercial trade. Trademark law is a component of the protection of intellectual property like a trademark, copyright or patent.

A trademark can present a significant asset, depending on its popularity and strength of identification. Trademarks can be on a public, European and international grounds. Since it is very important to establish the expected territorial sphere of activity as a future trademark owner when registering a trademark. As a rule, you must first guarantee that the geographic area covered by a trademark applies to the territory of the country in which it will be registered in the Trademark Register.

Benefits of registering your trademark in Germany

Procedure For Trademark Registration

What Is Included In Our Package?

  • Consultation
  • Application Preparation
  • Name search & approval
  • Application Filing
  • Same day Filing
ServiceCost
Trademark SearchFree
Trademark Consultancy on Class and AvailabilityFree
TM Application Filing + Drafting (Our Fees)$ 730
Total Cost+ Govt. Fees$ 730

Documents Required

Trademark Search

Before investing in a name, brand, logo, slogan, or symbol, it’s recommended to carry a precise search to avoid possible trademark infringement. A comprehensive trademark search benefits save costly disputes and the chance of losing your rights in the future.

Protect your registered marks by actively controlling trademark infringement. You can reject applications that may infringe upon your marks. In-country like Singapore trademark search is very important to avoid and misconducts and misleading.

Our trademark experts will generate search procedures and conduct a precise search on similar or possible trademarks. We prepare a complete report together with our professional opinions on the availability of registrability. The report will be sent to you electronically.

Search you trademark in 3 simple steps

Step 1
Complete our trademark form.
Step 2
We will generate your Trademark application
Step 3
Final Wrap-Up of your Trademark Order.

Validity of trademark in Germany

Registration is given for a time of 10 years, starting from the day following the date of application, and is renewable for additional periods of 10 years. The renewal fee is payable within 2 months following the expiration of the previous time, after which, if the fees have not been paid within due time, an extra fee for late payment has to be given. If payment is not made within six months from the expiration date, the registration will be canceled. Owners not having a residence, seat, or establishment in Germany do not require a national representative for the renewal of the trademark.

The use of a registered mark must start within 5 years from the registration date. The date of registration will be followed by the date of the end of the opposition proceedings in cases in which opposition to the registration has been caught. The use of the trademark in a form varying from the form in which it was registered will be considered to develop the use of a registered trademark given that the diverse parts do not change the unique character of the trademark. Affixing of the trademark to goods or their packaging in Germany only for export prospects will also be considered to establish the use of the trademark in Germany. According to Article 5 of the Agreement within Germany concerning the protection of patents, designs, and trademarks dated April 13, 1892.

Testimony

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Trademark Cart is the best in the business! They are very reliable and care tremendously about their clients. I recommend their trademark services. You will not be disappointed at all!

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Will Murphy

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Trademark Cart helped me obtain my trademark hassle free! Great group of people to work with! Timely, efficient, considerate, and very informative!

Jessica Whitefield

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It was an absolute pleasure to work with Trademark Cart. I appreciated all the help and guidance. It is rare to find such superior services for such a reasonable fee.

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Kabir Khattar

Frequently Asked Questions

What is the trademark registration system in Germany?
How do I register a trademark in Germany?
What are the kinds of a trademark that can be registered in Germany?
Who can apply for trademark registration in Germany?
What is the procedure to apply for a trademark in Germany?
What is the cost of applying for trademark registration in Germany?
Is Germany a part of the Madrid System?
Is there any time frame for the trademark registration approval in Germany?
Do I need to sign a Power of Attorney for trademark registration in Germany?
Does Germany apply the “Nice Classification” system?
What type of trademark is non-registrable in Germany?
When my trademark has been registered, for how many years will it be valid?