Trademark Registration in Germany
Trademark registration support in Germany — from preliminary research to application filing.
More than filing a trademark application
We support clients throughout the trademark registration process in Germany, from the initial assessment of the proposed trademark to the filing of the application and communication with the German Patent and Trade Mark Office
A trademark is primarily used to identify a company’s goods and/or services. Signs may be protected as trademarks if they are capable of distinguishing the goods and/or services of one company from those of other companies.
These may include, for example:
– word marks consisting of words, letters, numbers or other standard characters;
– combined word and figurative marks, including words presented in a particular font, graphic design or colour scheme;
– figurative marks;
– domain names;
– distinctive colours or combinations of colours;
– holograms;
– multimedia marks;
– sounds.
International registration of a trademark through the German Patent and Trade Mark Office is possible only if the trademark is already registered in Germany.
An application may be filed either in the name of a legal entity registered in Germany or by an individual residing in Germany. Foreign individuals and companies may also apply. However, applicants without a residence, principal place of business or establishment in Germany may need to appoint a German patent attorney or lawyer.
A newly incorporated company may apply for trademark registration as soon as it has been entered in the German commercial register.
The trademark registration process in Germany generally includes the following steps:
Step 1
trademark database and online search
We search German and international trademark databases for identical or similar earlier marks in the relevant classes of goods and services. We also search online for existing identical or similar names that may be relevant to the proposed trademark.
Why is this important? The German Patent and Trade Mark Office (DPMA) examines formal requirements and absolute grounds for refusal, such as a lack of distinctive character or the descriptive nature of the sign. However, it does not check whether identical or similar earlier trademarks already exist. The owners of such trademarks may oppose the registration after it has been granted. Conducting a preliminary search therefore helps identify potential conflicts before the application is filed.
Step 2
Filing the application and paying the official fee
Once the trademark and the relevant classes of goods and services have been determined, we prepare and file the application with the DPMA.
The official fee for an electronic application covering up to three classes is €290. An additional fee of €100 is charged for each further class.
Step 3
Examination by the German Patent and Trade Mark Office
The DPMA examines whether the application meets the formal requirements and whether any absolute grounds for refusal exist. In particular, it assesses whether the mark is sufficiently distinctive and is not merely descriptive or otherwise excluded from registration. If no absolute grounds for refusal are identified, the trademark proceeds to registration.
Step 4
Registration of the trademark
Step 5
A three-month opposition period
The DPMA first enters the trademark in the register and then publishes the registration. This allows you to acquire trademark rights relatively quickly. However, the owners of earlier rights have three months to file an opposition. Once this period has expired without an opposition, the registration becomes substantially more secure.