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Germany Trademark Registration

Germany is a member of the Madrid Agreement, the Madrid Protocol and the European Union. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.

Requirements

A trademark application has to be filed before the Trademark Department of the German Patent and Trademark Office by a local agent. A power of attorney is not necessary. Foreign applicants do not need a domestic registration.

Procedure

The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks. It takes approximately 6-9 months from first filing to registration. After registration the trademark is published in the weekly "Markenblatt". The opposition period is 3 months from publication date of the application.

Duration

A trademark registration in Germany is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office. EUROPEAN UNION (COMMUNITY TRADEMARK): Since this country is a member of the European Union, Trademark Protection could be obtained by registration of a Community Trademark (CTM), which is valid for a period of 10 years in all countries of the European Union. INTERNATIONAL REGISTRATION (MADRID SYSTEM)*: If you already have filed a trademark application or have a trademark registration in one or more countries of the Madrid Union (based on the Madrid Agreement and Madrid Protocol), you can obtain trademark protection by filing one single application, so called International Registration (Madrid System). *Note: The fees for an International Trademark Application (WIPO) will be calculated for each individual country or multiple countries. For a quotation please send us an e-mail with the name of countries where you currently have a registration and all preferable countries where you wish to extend your trademark protection.

Extra

Duly note, if the trademark has not been used within 5 years from registration or has not been used later for a continuous period of 5 years, it may be subject to cancellation. Use of an identical Swiss trademark, which is registered for the same goods/services in Germany and Switzerland, counts as valid use in Germany and vice versa if the trademark owner has place of business and legal seat in either of the two countries.

Area Practice:

INTELLECTUAL PROPERTY

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