
German Trademark Registration Authority
German Patent Office
Objects protected by German trademark registration
Text, letters, numbers, graphics, sounds, three-dimensional, etc. Trademarks cannot be protected without registration.
Eligibility for applying for German trademark registration
According to the German Trademark Law, applicants for trademark registration can be enterprises, institutions, social groups, industrial and commercial persons, or natural persons in any country or region.
German trademark registration trademark pattern
When applying for German trademark registration, you must provide an image of the image you wish to protect.
If the font in the word mark is not commonly used by the patent office, such as a graphic design mark, or a combination mark and a specified color, four copies of the drawings must be provided. If color protection is required, the color must be specified in the application. To register a three-dimensional trademark, four identical two-dimensional drawings need to be submitted. Up to six different views of the mark (four copies of each) may be required.
Applying to register a German audio trademark
The extent to which a sound trademark can be protected is related to its overall sound effect. Regardless of the type of trademark application, it may be necessary to add a description.
German goods and services
Goods and services must be filled in in classification order; it is recommended to use the names in the Nice Classification alphabetical order. If this is not possible, you can also use a common name in the industry. Must be in German. If an explanation is required for a product or service, the German Patent Office will notify the applicant and request an explanation. Once the application is submitted, no more goods or services can be added, but it can be reduced at any time. Applicants may designate a priority category. If the fee is insufficient, priority will be given to this category.
German trademark registration agent
Those who have a residence or business place in Germany can, in principle, apply for registration directly at the Patent Office or Patent Court. If not, anyone (even a person with German nationality) must be represented by a patent attorney or lawyer. A power of attorney is required to be signed and notarization is required.
The procedures and time for applying for German trademark registration
The applicant applies for trademark registration in Germany and entrusts our company to apply for registration with the German trademark authority. After we receive the application documents, we will transfer them to the relevant departments in a timely manner. Applicants generally receive the reply file, acceptance date and acceptance number within 6 weeks. If the trademark application goes through the legal procedures very smoothly, it usually takes about 6-9 months. If expedited processing is required (3-6 months), an additional expedited fee will be required. However, if the trademark application is issued a correction notice or examination opinion by the Trademark Office during the examination process, or enters a special process, that is, if the trademark application is opposed by others after being initially approved and announced, or if the trademark application is rejected and then applies for review, it will take longer for the trademark application to be finally approved for registration.
After obtaining the trademark registration certificate, the German Trademark Office will disclose the trademark to the public. If there is no objection from others within 3 months, the ownership of the trademark belongs to your company. The registered trademark is valid for ten years, starting from the date of approval of registration. You can apply for registration renewal before the validity period expires. Each renewal registration is valid for ten years. If it is opposed by others within 3 months, the Trademark Office will make a ruling based on the actual situation.
Request for expedited review
Means those who wish to make a prompt decision on the application requirements and absolute grounds for rejection, a surcharge of US$400 is required.
Priority rights for German trademark applications
If a mark has been identically registered (for designs, goods) in a country that is a member of the Paris Convention, then it can be registered except in certain circumstances.
Objection procedure for German trademark registration
After the trademark registration is announced, the prior right holder may file an objection within three months. Objections are made in duplicate. If the objection is established, the registration will be revoked. If there are no objections within these three months, the trademark will be officially registered. Only by logging out of the cancellation program can the trademark rights be revoked.
Period of protection of German trademarks
The protection period is ten years, starting from the filing date and ending on the last day of the month in which the filing date is ten years later. Thereafter, it will be renewed for ten years each time. Renewal must be made before the last day of the protection period. If the fee is not paid by this day, the Patent Office will notify the registrant that his or her trademark will be revoked. Within six months after this notice is served, the registrant can still apply for renewal, but must pay an additional fee.
Cancellation of German trademark
The owner of the trademark right may relinquish the registered trademark in whole or in part (referring to some goods or services) at any time. During the application process, you can withdraw or reduce the number of goods or services at any time.
Materials required to register a German trademark
Applicants should provide the following materials:
1) Company name and address (Chinese and English);
2) Information such as international classification of goods/services and list of designated goods/services;
3)Copy of business license;
4) 5 copies of trademark drawings, which must be clear and of good paper quality. If it is a color trademark, you need to submit 1 black-and-white draft and 5 color drafts;
The size shall not be less than 5cm×5cm, and the maximum shall not exceed 10cm×20cm;
5) Power of attorney (provided by the company, but must be signed by the applicant).