Trademark Registration in Germany- An Overview

Aspect Details
What is a Trademark? A Trademark is a registered intellectual property granted to a sign, word, number, letter, sound mark, and three-dimensional design employed to distinguish the goods and services of an enterprise.
Cost The cost to register a trademark in Germany starts from $108
Timeline Usually, it takes around 3 to 6 months to register trademark Germany.
Benefits

Benefits of trademark registration in Germany include:

  • Exclusive Rights
  • Asset Protection
  • Brand Recognition
  • Increases Credibility
  • Protection Against Infringement
  • Attracts Customers
Type of Marks

Types of trademarks in Germany include:

  • Word Trademark
  • Figurative Trademark
  • Three-Dimensional Mark
  • Sound Mark
  • Collective Mark
  • Certification Mark
  • Multimedia Mark
  • Hologram Mark
Documents Required

The list of documents required for trademark registration in Germany includes:

  • Completed trademark registration application form
  • Information permitting to identify the applicant
  • Power of Attorney (if required)
  • Identity proof for the applicants
  • Specimen of the trademark
  • Proof of actual utilization of the trademark
  • Priority documents establishing precedence
  • Other Priority Documents (if any)
Who Can Apply for trademark Germany?

Have a look over the following eligibility criteria to apply for trademark Germany as discussed below:

  • Individuals
  • Domestic Applicants
  • Foreign Applicants
  • Local Representative
  • Legal Business Entities
Procedure

The procedure for trade mark registration in Germany includes the following steps:

  • Conduct German Trademark Search
  • File German Trademark Application
  • Review and Examination of Trademark
  • Publication of Proposed Mark
  • Grant of Trademark Registration Certificate
How Can We Help You
  • Extensive experience in intellectual property protection
  • In-depth knowledge of German trademark laws
  • Comprise a team of certified and bilingual lawyers
  • Fast-track filing of trademark registration application
  • End-to-end customer support in trademark monitoring
  • Access to an in-house team of IP lawyers and experts
  • 50,000+ businesses successfully served
  • Cost-effective affordable services with no hidden costs
  • Offers 24/7 customer support for all your queries
  • Post-registration and renewal services
  • Provides timely updates and professional assistance

Secure Your Brand with Fast Germany Trademark Registration

Secure your brand identity and establish a powerful market presence with Germany trademark registration.

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Understanding Trademark Registration in Germany

Trademark registration in Germany, the world’s fourth-largest economy, having registered around 8,80,538 national trademarks, helps distinguish a company's goods and services from competitors. Establishing a commercial presence through Germany trademark registration further offers significant access to a large, affluent consumer market and serves as a gateway to the broader European Union.

Trade mark registration in Germany, an essential intellectual property right (IPR), enhances customer loyalty and brand recognition by providing legal protection against counterfeiting and fraud. It also safeguards your brand identity, enforces your rights against infringers, and enables participation in the international registration system, ultimately increasing the brand value of your business.

For trademark registration in Germany within a desired time frame, connect with IPR experts in Germany.

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Benefits of Trademark Registration in Germany

Trademark registration in Germany grants the right to prevent the unauthorized usage or infringement of trademark registered with the German Patent and Trade Mark Office (DPMA). Have a look over some of the key benefits of filing a trademark registration application, as discussed below:

germany trademark registration benefits

Exclusive Rights

Trademark registration in Germany grants the exclusive right to make use of your brand or business name in connection with the goods or services specified in the registration.

Asset Protection

Trademark registration in Germany helps protect the valuable assets of the company. It further provides its owner with the right to sell, assign, franchise or commercially use the trademark, providing a potential source of income.

Brand Recognition

Trademark registration in Germany helps build brand recognition towards associated products and services, helping you stand out in a crowded marketplace.

Increases Credibility

Trademark registration in Germany helps increase your credibility in the eyes of customers, investors, and business partners.

Protection Against Infringement

Trademark registration in Germany provides protection against trademark infringement, preserving the right to take legal action for stopping the third-parties from using the registered trademark.

Attracts Customers

Trademark registration in Germany helps build the customer’s trust and loyalty with respect to the quality and source of the popular trademarked products or goods in the competitive market.

Procedure for Trademark Registration in Germany

The procedure for trademark registration with the DPMA (Deutsches Patent- und Markenamt) in Germany ensures protection of the trademark suitable for distinguishing goods or services of your enterprise from those of another enterprise. Have a look over the straight-forward procedure required for securing trademark registration in Germany:

Conduct German Trademark Search

Immediately after the journey of company registration in Germany, the applicants are initially required to conduct a German trademark search, which helps avoid the issuance of objections and oppositions with respect to the mark.

File Trademark Application

The next step requires the applicant to file the trademark registration application along with the requisite fees at the German Patent and Trade Mark Office. The date on which the relevant authority receives the application along with the Documents shall be considered the date of filing of the application.

Review and Examination of Trademark

The DPMA (Deutsches Patent- und Markenamt) are further authorized to review and examine the German trademark application on some pre-defined parameters including compliance with the prescribed requirements of the Act, conditions of filing, payment of fees and the legal capacity of the applicant as a proprietor.

Publication of Proposed Mark

Once the examination of the German trademark application is complete, the DMPA is further authorized to publish the proposed mark, providing an opportunity for objection raised within 3 months of the publication.

Grant of Trademark Registration Certificate

In case no objection was raised by the opposition, the competent authority shall grant the trademark registration certificate, granting the exclusive right to use the trademark is limited to the use of the trademark in the exact configuration or manner in which it was filed and registered.

Timeline to Register a Trade Mark in Germany

The timeline to register a trade mark in Germany typically takes around 3 to 6 months, in case no objections or oppositions are filed against the application. However, the generalized timeframe to register a trade mark in Germany is as discussed below:

Application Filing: 1 to 2 weeks

It takes around 1 to 2 weeks to comply with the pre-application requirements and apply for trademark Germany.

Formal Examination: 3 to 4 months

It takes around 3 to 4 months to review and successfully examine the trademark registration application, ensuring it does not conflict with the existing marks.

Trademark Publication: 15 to 30 days

It takes around 15 to 30 days to officially publish the proposed trademark in the German Trade Mark Journal (Markenblatt) for a three-month opposition period.

Issuance of Certificate of Registration: 1 to 2 months

The timeline for issuing a trademark certificate of registration, officially valid for a period of 10 years, takes around 1 to 2 months.

Documents to Apply for Trademark Registration in Germany

The list of certified documents required to apply for trademark registration in Germany is as enlisted below:

A completed trademark registration application form

Information permitting to identify the applicant

Representation of the trade mark, which is not subject to the grounds for refusal

List of goods or services for which registration is being requested

Power of Attorney (if required)

Identity proof for the applicants

Specimen of the trademark

Proof of actual utilization of the trademark

Priority documents establishing precedence

Other Priority Documents (if any)

Is Germany Trademark Registration Eligible for Renewal?

Yes, Germany trademark registration is eligible for renewal for a subsequent 10-year period, starting from the date of filing the trademark application. Generally, the trademark renewal in Germany takes effect from the date after the previous term of protection expires. The renewal may cover all or part of the goods or services.

Germany provides a 6 month’ grace period after the expiration during which trademark owners are eligible apply for definite renewal of trademark by paying additional late renewal fee. However, in case the term of protection is not renewed, the trademark right lapses permanently. The renewal of trademark in Germany further results in maintaining the exclusive rights which prevents potential infringements over trademarks registered in Germany.

germany trademark registration
Hiring a Trademark Agent

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Types of Marks for Germany Trademark Registration

The classification of different types of registered trademarks in Germany assists businesses in gaining a legal monopoly on their unique innovations through mark registration. However, some of the marks that clearly distinguish a product or service from other trademarked products for Germany trademark registration are as discussed below:

Word Trademark

Word Trademark (Wortmarken)

Word trademark is a legal protection that solely applies to words, letters, numbers, or combinations thereof without any graphic elements or logos. However, the word mark also known as Wortmarken protects textual representation without any graphic elements or logos, regardless of style or format.

Figurative Trademark

Figurative Trademark (Bildmarke)

Figurative trademark also known as Bildmarke ensures securing the logos, images, symbols, or stylized elements such as Starbucks mermaid symbol, Nike swoosh logo, etc. However, the figurative mark mainly focuses on the visual aspect rather than the wording.

Three-Dimensional Mark

Three-Dimensional Mark (3D Marken)

Three-dimensional mark protects the shape or packaging of products, having a distinctive character and are not functional or necessary for the product’s use. The 3D Marken which guarantees protecting the iconic product shapes helps customers in recognizing marks without any text or logo.

Sound Mark

Sound Mark (Klangmarke)

A sound mark is a legal protection granted to distinctive sounds, jingles, or musical sequences associated with a brand. The registration of graphically represented musical notation is considered ideal for brands using unique audio branding and jingles.

Collective Mark

Collective Mark (Kollektivmarke)

Collective mark used by associations or groups indicates products or services belonging to a specific group or meet certain standards set by the association. It is mostly issued to the trade associations or groups intending to protect a shared mark.

Certification Mark

Certification Mark (Gewährleistungsmarke)

A certification mark is issued to the products or services meeting a specific standard. It ensures building consumer trust and quality assurance in Germany.

Multimedia Mark

Multimedia Mark (Multimedia-Marke)

Multimedia mark ensures protecting the trademark, which combines both image and sound elements in a multimedia format. These marks allow brands to secure rights to animated logos or video clips with sound.

Hologram Mark

Hologram Mark (Hologrammmarken)

A hologram mark is a type of trademark that comprises holographic elements, protecting repetitive designs or patterns used on products. It utilizes three-dimensional holographic images, which change appearance based on the angle of view.

Who Can Apply for Trademark Registration in Germany?

The applicants eligible to apply for trademark registration in Germany are as discussed below:

  • Individuals :- Any person who makes use of a mark in connection with their products or service are eligible to apply for trademark registration in Germany.
  • Domestic & Foreign Applicants :- Both domestic and foreign applicants are eligible to file for trademark registration in Germany.
  • Local Representative :- The local representative appointed on behalf of foreign applicants are eligible to register a trademark in Germany
  • Legal Business Entities :- The legal business entities registered in Germany are eligible to apply for trademark registration in Germany.

Post-Registration Compliances to Register a Brand in Germany

The post-registration compliances to register a brand in Germany are as discussed below:

  • Monitor for potential trademark infringements
  • Maintain accurate company details
  • Periodical renewal of trademark registration
  • Complying with labelling and advertising regulations
  • Address legal challenges
  • Compliance with industry standards
  • Ensure trademark license and assignment
  • Compliance with the German Trademark Act
  • Hold trademark opposition and cancellation requests
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Why Trust Enterslice for Trade Mark Registration in Germany?

Protect your brand in Germany with Enterslice's seamless solutions for trade mark registration in Germany. Our 10+ years of commitment ensure efficiency and compliance towards trademark registration in Germany. Learn why Enterslice is the right choice for your Germany trademark registration:

  • Extensive Experience of 10+ Yrs in Intellectual Property Protection in Germany
  • In-depth Knowledge of German Trademark Laws
  • Empowered 1000+ Brands with Trademark Registration in Germany
  • Free and Comprehensive Trade Mark Availability Search in Germany
  • Comprise a Team of Certified and Bilingual Lawyers
  • Fast-track Filing of Application for Trademark Registration in Germany
  • End-to-end Customer Support in Trademark Monitoring 
  • Access to an In-house Team of IP Lawyers
  • Cost-effective, Affordable Services with No Hidden Costs
  • Offers 24/7 Customer Support for All Your Queries
  • Provides Global Trademark Protection across Markets
  • Post-registration and Renewal Services in Germany
  • Provides Timely Updates and Professional Assistance
  • Personalized Services over Telephone, WhatsApp, e-mail, Video Conference, etc.

FAQs on Trade Mark Registration in Germany

The Act on the Protection of Trade Marks and Other Signs (Trade Mark Act) governs trademark registration in Germany.

The German Patent and Trade Mark Office (GPTO/DPMA) handles trademark registration in Germany.

The opposition must be filed within 3 to 6 months from the publication date of the trademark by any party.

The term of protection for trademark registration in Germany is 10 years, starting from the date of filing the trademark application.

Yes, the applicant can claim exhibition priority if the goods and services are displayed under the trademark at a recognized international, domestic or foreign exhibition, and the application is filed within 6 months from the date of the 1st display.

The basic cost to register a trademark in Germany starts from $108, in case the application is filed by post or electronically.

You can conduct trademark searches for German trade marks in the DPMA register, which is a database containing the list of both registered and refused trademark applications.

Yes, Germany, which is a free-zone country, has two zones, namely the Freeport of Cuxhaven and the Freeport of Bremerhaven.

The individuals, domestic & foreign applicants, local representatives, and legal business entities are some of the entities eligible to apply for company registration in Germany.

Yes, a grace period of 6 months after the expiry date of trademark registration is granted for trademark renewal in Germany.

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