Overview of Germany Trademark Registration Service

LegalForce is one of the Largest Trademark Filers in the world. Filing a trademark application is easy and painless. You can finish your trademark in 7 minutes.

Germany Trademark Registration

A La Carte Trademark Registration Package $799 USD + govt fee

(665.83 Euro)
  • In the A La Carte Package, it includes limited pre-filing review without conflicting mark search of your trademark. A central project manager at LegalForce will be assigned especially for you who will answer your questions and coordinate with you each step of the way. An international attorney who is specialized in trademark law in Germany will coordinate with foreign counsel. You will pay as you go, meaning that whenever there is an action in your trademark application, you will be given an estimate for response, and we will collect funds prior to taking your mark to the next stage next stage. Because the trademark filing process is highly variable, this modular approach allows you to budget as your business and brands develops over time.
  • Go through a simple workflow

    All information provided will be kept in absolute confidentiality. Centralized, secure access for your brand trademarks.

  • Select which of the 170+ countries you wish to register

    Top Global IP Attorneys - Easy Online Form, Credibility, and Experience!

  • LegalForce does the rest. All processes will be performed in a timely manner

    Your trademark application will be filed correctly. You will be informed periodically about the process.

World Class Global Trademark Attorneys at Leading Law Firm.

LegalForce - one of the Largest Trademark Filers in the world. You can file and register your trademark in 170+ countries in the world through LegalForce Attorneys, including in the United States, China, Japan, the European Union, Korea, and many others. With the Standard Package, you follow step-by-step instructions designed by world class global trademark attorneys at leading law firm.

It's easy and the protection lasts indefinitely in most countries

Trademarks are names, logos, or short slogans that help distinguish a good or service from other goods and services in a particular geographic area. Once a trademark is issued by a government agency, the protection lasts indefinitely in most countries – so long as you use your mark in commerce. Filing for Trademark Protection through LegalForce Trademarkia is easy! See why LegalForce Service is superior to other options >>

Automated reminders keeps you up to date

Trademarkia can also automatically provide you with reminders and keep you up to date of your status after you file your trademark application. Trademarkia's automated reminders help you so that you don’t have to deal with government bureaucracy or forget important dates.

Background

As Europe's largest economy and second most populous nation, Germany is a key member of the continent's economic, political, and defense organizations. European power struggles immersed Germany in two devastating World Wars in the first half of the 20th century and left the country occupied by the victorious Allied powers of the US, UK, France, and the Soviet Union in 1945. With the advent of the Cold War, two German states were formed in 1949: the western Federal Republic of Germany (FRG) and the eastern German Democratic Republic (GDR). The democratic FRG embedded itself in key Western economic and security organizations, the EC, which became the EU, and NATO, while the communist GDR was on the front line of the Soviet-led Warsaw Pact. The decline of the USSR and the end of the Cold War allowed for German unification in 1990. Since then, Germany has expended considerable funds to bring Eastern productivity and wages up to Western standards. In January 1999, Germany and 10 other EU countries introduced a common European exchange currency, the euro.

Who May Apply?

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

What Can Be Registered?

Any sign not specifically excluded by Article 8 of the Act may be registered.

What Cannot Be Registered?

Signs that cannot be represented graphically may not be registered. The following signs may not be registered as trademarks? (1) trademarks that are devoid of any distinctive character with respect to the goods or services; (2) trademarks that consist exclusively of signs or indications that may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, time of production of the goods or of the rendering of the services, or other characteristics of the goods or services; (3) trademarks that consist exclusively of signs or indications that have become customary in everyday language or in the bona fide and established practices of the trade for designating the goods or services; (4) trademarks that are of such a nature as to deceive the public, especially as to the kind, quality, or geographical origin of the goods or services; (5) trademarks that are contrary to public order or to accepted principles of morality; (6) trademarks that include armorial bearings, flags, or other emblems of state, or armorial bearings of a locality, an association of communities, or an association of other communal entities within Germany; (7) trademarks that include official signs and hallmarks indicating control and warranty, according to a notice published by the Federal Ministry of Justice in the Federal Law Gazette (Bundesgesetzblatt); (8) trademarks that include armorial bearings, flags, or other signs, seals, or designations of international intergovernmental organizations according to a notice published by the Federal Ministry of Justice in the Federal Law Gazette; and (9) trademarks whose use is prohibited pursuant to other provisions in the interest of the public.

Rights

Registration of a mark will not prevent any person from employing, even in an abridged form, on his goods or on their enclosure, his name, firm name, or residence, or indications concerning the mode, time, or place of manufacture, or the quality, destination, price, quantity, or weight of the goods, or from making use of similar indications in trade.

Filing Requirements

The requirements for an application include: -In the case of figurative marks, sound marks, or threedimensional marks, four prints of the mark no larger than 26.2 x 17 cm, representing the mark. - Convention: priority must be claimed within two months of filing in german. - Power of attorney: applicants are not required to submit a power of attorney with their applications, with one exception. If either the Patent and Trademark Office or a third-party questions the validity of the representation, then a power of attorney must be filed with the application.

Evaluation & Review

Applications must be filed at the German Patent and Trademark Office, (Deutsches Patent- und Markenamt-DPMA). After examination as to the registrability of the mark, the application is granted and published in the Official Gazette. Within a period of three months after the date of publication of the registration, oppositions may be filed. The opposition may be based on the grounds that: (1) the contested mark is identical to an earlier filed or registered trademark, and the goods or services for which the trademark is registered are identical with the goods or services for which the earlier trademark is filed or is registered; (2) because of its identity with, or similarity to, the earlier filed or registered trademark, and in the identity or similarity of the goods or services covered by the trademarks there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the other trademarks; (3) if the contested mark is identical with or similar to an earlier filed or registered trademark and has been registered for goods or services that are not similar to those for which the earlier trademark is filed or registered, where the earlier trademark has a reputation in the Federal Republic of Germany and where the use of the registered trademark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of such trademark; (4) if the contested mark is identical with or similar to an earlier trademark well known in the Federal Republic of Germany within the meaning of Article 6bis of the Paris Convention and if the additional requirements under (I), (2) or (3) above are met; and (5) where a trademark is registered in the name of the agent or representative of a person who is the proprietor of the trademark, without the proprietor's authorization.

Duration

Registration is granted for a term of 10 years, beginning from the day following the date of application, and is renewable for further periods of 10 years. The renewal fee is payable within two months following the expiration of the preceding term, after which, if the fees have not been paid within due time, an additional fee for late payment has to be paid. If payment is not made within six months from the expiration date, the registration will be cancelled. Proprietors not having a domicile, seat, or establishment in Germany do not need a domestic representative for the renewal of the trademark.

Use

The use of a registered mark must commence within five years from the registration date. The date of registration will be replaced by the date of the conclusion of the opposition proceedings in cases in which an opposition to the registration has been lodged. Use of the trademark in a form differing from the form in which it was registered will be deemed to constitute use of a registered trademark provided that the differing elements do not alter the distinctive character of the trademark. Affixing of the trademark to goods or to their packaging or wrapping in Germany solely for export purposes will also be deemed to constitute use of the trademark in Germany. According to Article 5 of the Agreement between Germany and Switzerland concerning the protection of patents, designs, and trademarks dated April 13, 1892, the use requirement is also fulfilled if a German trademark has been used in Switzerland.

Domain Names

The central registry for domains under the Top Level Domain.de is DENIC. DENIC administers and operates the Top Level Domain.de and administrates all related functions. This includes, for example, the provision and maintenance of the corresponding systems, consultancy for and training of the members, support for and informing the holders of registered domains, and attending to the interests of the cooperative as well as those of the entire German Internet community. Domain applications may be submitted either through a DENIC member or directly to DENIC (DENICdirect). DENIC will register the domain if it has not already been registered for someone else using a "first come, first served" basis. It may, however, reject the application if the registration is manifestly illegal. Disputes over domains must be brought before the German courts. There is no domain dispute resolution center for the Top Level Domain.de. If a claimant feels that his or her rights have been infringed by a domain, a "DISPUTE entry" can be requested with DENIC. When a domain involved in a dispute has a "DISPUTE entry" placed on it, it becomes impossible for its holder to transfer it to a third party. Moreover, the party in whose name the "DISPUTE entry" has been made out automatically becomes the new holder of the domain should the existing holder decide to abandon it.

Enforcement

Counterfeits and Seizure: Foreign goods unlawfully marked with the name of a German firm or place, or with a trademark registered under the law, are subject to seizure and confiscation upon entry into Germany for importation or transit on the demand of the injured party. The injured party must post a bond before customs and revenue officers may undertake such seizure. Confiscation will be adjudged by a penal decision of the administrative authorities. One who improperly maintains a demand for seizure will be liable for damages. Duties and Seizure: Whenever German goods introduced into a foreign country are required to be marked to show their German origin or are treated less favorably by customs officers than the goods of any other country with respect to the marks they are required to bear, the State Minister of Finance is empowered to impose a corresponding duty upon foreign goods on importation into Germany or for transit through Germany, and, in the case of contravention, may order the seizure and confiscation of the goods. Customs and revenue officers will then undertake such seizure. Confiscation will be adjudged by a penal decision of the administrative authorities. Infringement: The penalty for simple infringement is a maximum three-year prison sentence or a fine. Intentional infringement on a commercial basis, a new offense meant to combat those who are engaged in counterfeiting as a business, is punishable by up to five years' imprisonment or a fine. The attempt to infringe is also a punishable offense. In addition to responding to the requests of intellectual property owners, public prosecutors may now act on their own initiative to protect proprietary rights if there is a particular public interest in the prosecution. Remedies: In civil proceedings, plaintiffs are now entitled to a range of remedies. They may apply for the destruction of counterfeit goods and the means used to manufacture them. They are also entitled to receive from the infringer information on the origin and distribution of counterfeit goods, as well as the names and addresses of manufacturers, prior owners, and sales outlets. Where the infringement is obvious, plaintiffs may request and courts may issue preliminary injunctions mandating that such information be provided. Owners of intellectual property may obtain the seizure of infringing goods by customs authorities, both on export and import. Before the customs authorities may act, however, it must be shown that a right existing in the Federal Republic of Germany has been infringed. Furthermore, customs authorities may act only where the infringement is obvious.