Trademark Registration in .
Germany is considered to be one of the largest economies in the world, with a diverse range of businesses competing in a tough marketplace. Considering major automobile manufacturing companies are German, there is intense competition. Every day, there are new entrants in the market which makes it tough to survive and distinguish yourself. One of the ways in which businesses can showcase their distinctiveness and authenticity is through a German trademark. With the help of a trademark, a business can protect itself legally from infringements and counterfeiting, while uplifting its brand image.
To understand the trademark registration process Germany, let us understand the process in detail.
Trademark registration services in Germany
Germany follows a first-to-file system which means that any individual or company that files for a trademark first will receive the trademark registration, after the application’s approval. To register a trademark in Germany, the applicant can file an application online with the German Patent and Trademark Office/Deutsches Patent und Markenamt(DPMA). You can register a multi-class application in Germany.
You can file either through paper or online. E-filing has advantages over paper filing that include:
- Verifiability of correct transmission;
- You get official file number in a few minutes;
- Online application is cheaper as compared to paper filing;
- Signature card (proper sender identification);
- No additional costs (postal charges and paper costs)
- Data check before sending (avoiding delays of asking questions regarding data)
Types of Trademarks
Types of trademarks in Germany
Different trademarks can be registered Germany. This mostly includes slogans, shapes, names, phrases, words, images, 3D shapes, holograms, smells, colours, sound, position, tracer, multimedia, and figurative trademarks. The most important factor to look for when registering a trademark is to see if it is distinguishable and distinctive.
Similarly, some trademarks cannot be registered, including state symbols, flags, public figures, trademarks that are deceptive, trademarks that go against the public interest, trademarks going against moral grounds, descriptive trademarks.
It is important to understand your trademark type to ensure acceptability. If you have not done proper research regarding the classes your goods or services fall under, it is possible your trademark gets rejected. If that happens, the entire process of going through the process again will cost you time and energy.
How to register a trademark in Germany?
It is always good to search for existing trademarks to understand the available trademarks’ intricacies. This also helps in understanding why a trademark might have been refused.
Germany accepts multiple class application filing so that the applicant does not have to file individual applications everytime for each class. The application can also be represented by an agent.
There are certain requirements set by DPMA for the application. This includes:
- The name and address of the applicant;
- If the applicant is a business, then the type of legal entity it is;
- Details of the trademark and if it contains design elements then a drawing of the trademark will also be needed;
- Even unregistered associations can be owners of property rights and entered in the trademark register if the name and address of at least one member authorized to represent the company is given;
- List of goods and services offered;
- The class or classes under which the goods and services offered will fall.
Other than these details, to process the application, the official fee has to be timely paid.
The online application system is known as DPMAdirektPro. To file for an electronic application, a special software is needed which is provided by DPMA free of cost. They also provide a qualified signature card.
Once the application is filed, the German Patent and Trademark Office makes sure that the data is accurate, complete, and if the trademark is registrable in the first place or not.
The trademark is also checked for absolute grounds. If there is any problem with the application, the examiner sends an official notice to the applicant containing the reasons for refusal.
If the application gets accepted and there is no official action, or if the official action has been accordingly responded to, it gets published in the gazette. The publication is done for 90 days.
The publishing of application allows interested parties to oppose the trademark based on various reasons. An opposition must be filed within three months of publication and the opposition fees must also be paid.
If there is no opposition filed or if the dispute is resolved and the decision is in favour of the applicant, the trademark gets registered and the DPMA issues a certificate of registration.
Price of Trademarks
Trademark registration cost in Germany
The cost may vary according to the legals fees and the number of classes. The cost for e-filing is €300 per class (for upto three classes) and the cost of standard application is €350 per class. The overall cost to register a trademark in Germany ranges from €300 to €2000, depending on the number of classes and legal fees.
Age of Trademarks
How long does the German trademark last?
Trademarks in Germany lasts for 10 years.
Trademark can be renewed 6 months before the expiration. The renewal can also be processed 6 months after the expiration date, known as the grace period, by paying an additional fee.
It is important to understand the extent of which a German trademark protects its owner from infringements and counterfeiting. It provides exclusivity to the trademark owner over the goods and services and offers authenticity infront of the customers.
At Trademark International, we provide hassle-free German trademark registration services catered to your needs in compliance with the international requirements and standards. Trademark registration in Germany does not have to be complicated, and that’s why Trademark International is here to assist with all of your intellectual property needs.
What to do? How to do it? When to do it? Will it work?
If these are the questions that come to your mind when thinking of registering a trademark, you have come to the right place. We, at Trademark International, answer these questions and more! Offering multiple trademark services, we guarantee client satisfaction. For expert advice and consultation, contact us now!
Frequently Asked Questions
The process for registering a trademark varies from country to country. To file for a trademark in the US, you can file an online application with the USPTO. The USPTO entertains two types of applications: ‘In-use’ and ‘Intent to use’. The online application is known as Trademark Electronic Application System (TEAS).
Just like every country has its own registration process, the cost varies as well. Depending on the legal fees and the length of the process, the cost can go up or down. In the US, the price of registering a trademark ranges from $500 to $3000.
You need to file an application which should contain: your name and address, if it’s a business then the type of legal entity it is, details of the trademark, list of goods and services, the details of the class(es).
Yes, you can file for both: a local and an international trademark. Some countries entertain a single application to register a trademark locally as well as internationally.
Yes. It is possible to register a trademark in multiple countries with a single application but it depends on which union the country is part of. You can do this through the Madrid Protocol or EUIPO.
Countries have different laws regarding what can be registered as a trademark. In the US, the types of trademarks that can be registered are slogans, shapes, names, phrases words, images, 3D shapes, holograms, smells, and colors.