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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 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 the 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.
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?
- Application Preparation
- Name search & approval
- Application Filing
- Same day Filing
|Trademark Consultancy on Class and Availability||Free|
|TM Application Filing + Drafting (Our Fees)||$ 730|
|Total Cost+ Govt. Fees||$ 730|
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
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.
Frequently Asked Questions
2) Pick appropriate class for your product or service
3) Trademark application filed
4) Completion of a trademark registration
• Marks that are inconsistent with Germany’s moral standards or marks that contradict public order
• Terms that have a deep meaning (generic words)
• Marks that use numbers, names or flags of regions, states, nations and international organization without approval from proper authorities
• Marks that do not present unique characteristics