Trademark registration in Germany
- Trademark registration in Germany
- Prosecution of Trademark application at DPMA
- Representation by a Trademark Attorney in Germany
- Renewal of German Trademarks
- Monitoring of Trademark registration
What is trademark
A trademark is a distinctive sign or symbol used by a business or individual to identify and distinguish their products or services from those of others. Trademarks are a critical part of intellectual property law and can include names, logos, slogans, designs, and even sounds and smells. They help consumers identify the source of a product or service, ensuring quality and helping to build brand loyalty.
In Germany, as in many other countries, certain things can be protected by Trademark in Germany, while others cannot. Here’s a breakdown:
What Can Be Protected by Trademark in Germany
- Words and Names: This includes product names, company names, and slogans.
- Logos and Symbols: Distinctive logos, unique graphical designs, and symbols.
- Shapes: The shape of products or their packaging, provided they are distinctive.
- Colors and Color Combinations: Specific colors or combinations of colors that are uniquely associated with a brand.
- Sounds: Unique jingles or sounds associated with a brand.
- Other Distinctive Signs: This can include non-traditional trademarks like smells or tactile signs, as long as they are distinctive and can be graphically represented.
What Cannot Be Protected by Trademark in Germany
- Generic Terms: Words or symbols that are too generic or descriptive of the product or service (e.g., “The Best Car”).
- Descriptive Marks: Marks that directly describe the quality, characteristics, or geographic origin of the goods or services.
- Misleading Marks: Trademarks that could mislead the public, for instance about the nature, quality, or geographic origin of the goods or services.
- Official Symbols and Emblems: Symbols that resemble official state emblems, flags, or other insignia.
- Public Morality or Order: Marks that are offensive or against public morality.
- Functional Features: Features of a product that are purely functional or technical cannot be trademarked.
The Trademark in Germany must be distinctive and not conflict with existing trademarks. Trademarks are territorial, so protection under German law applies only within Germany, although broader protection can be sought through European or international treaties like the Madrid System.
Filing an application for trademark registration in Germany
The Trademark registration in Germany procedure starts with the filing of a trademark application. A distinct application is required for each Trademark registration in Germany.
What You Need for Filing a Trademark Application
1. Applicant’s Particulars: This includes the identification of the applicant (and their representative, if applicable). For individuals, this means providing their full name and address, and for legal entities or partnerships, the company’s name, legal form, address, and registration details if applicable.
2. Type of the Trademark: The application should specify the type of the trademark you are registering, such as a word mark, figurative mark, three-dimensional mark, color mark, sound mark, position mark, or other types.
3. Trademark Representation: The trademark must be represented in a manner that satisfies the requirements of the Trade Mark Act. This can be on paper or a data carrier readable by the DPMA. For non-traditional trademarks, a text representation up to 150 words is allowed if it clearly and precisely defines the trademark.
4. List of Goods and Services: The application must include a list of goods and services for which the trademark protection is sought. This list should be classified according to the Nice Classification, with clear and precise identification of each item.
5. Additional Declarations (if applicable): If claiming priority from an earlier foreign application or an exhibition priority, relevant declarations with specific details must be included.
6. Regulations for Collective or Certification Marks (if applicable): If registering a collective or certification mark, a declaration to that effect and the regulations governing its use must be submitted.
7. Representative’s Details (if applicable): If a representative is appointed, their particulars need to be included in the application.
8. Fee Payment: The application must be accompanied by the appropriate fee payment.
Why should you choose us?
Bauer ip can provide Trademark registration in Germany, offering high-quality assistance, peace of mind and a competitive rate.
The lead attorney, Karl Bauer, comes from a technical and mathematical as well as legal background and is well-suited for the job, which requires legal understanding of the trademark of his clients.
Work with us and you will get:
- More time for yourself – we can help you fill out the Trademark registration in Germany application and save you time.
- Certainty – we know how important privacy is for our clients, and we promise to always keep your information saved.
- Other pair of hands – you can always count on us. We will be here to help any time you need to discuss any matter related to your application or any other questions or concerns you might have.
For costs estimation of tailored services, do not hesitate to contact us
Costs of the proceedings
| Application fee (including class fee for up to three classes) | 300 euros |
| Application fee for electronic filing (including class fee for up to three classes) | 290 euros |
| Class fee upon filing application (for the fourth class and for each additional class) | 100 euros |
| Application fee for a collective and certification mark | 900 euros |
| Accelerated examination of the application | 200 euros |
+ Professional fee from 500,- EUR
| Opposition proceedings – basic amount for an opposing sign | 250 euros |
| Opposition proceedings – fee for each additional opposing sign | 50 euros |
+ Professional fee from 700,-EUR
| Application fee on the grounds of invalidity due to absolute grounds for refusal | 400 euros |
| Application fee on the grounds of revocation | 100 euros |
+ Professional fee from 700,- EUR
| Renewal fee (including class fee for up to three classes) | 750 euros |
| Renewal fee for a collective and certification mark | 1.800 euros |
+ Professional fee form 500,- EUR
Professional fee from 500,- EUR.