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Trademark Filing in Germany

Trademark Filing in Germany
Trademark Filing in Germany

Trademark Application fees in Germany

Fees associated with filing trademark applications in Germany as well as other trademark fees are available in the fee calculator.

Multiple-class Trademark applications

Multiple class trademark applications are possible in Germany.

Trademark Application Filing Requirements in Germany

The official language of the German trademark application is German. Applications filed in a foreign language shall be accorded a date of filing providing that a German translation is filed within three months from receiving the application by the German Patent and TradeMark Office (DMPA). The DPMA may request from the applicant, setting an appropriate time limit, that the translation be authenticated by a lawyer or a patent attorney or made by a sworn translator.

The following information must be provided for successful filing of a trademark application: applicant’s details, representation of the trademark, and a list of the goods or services for which registration is being requested.

If an applicant wishes to claim a priority of an earlier application, a copy of the Priority Document has to be submitted (with a possibility of late filing within two months from the filing date), the translation into German need not be provided unless requested by DPMA.

The POA should be submitted only in case the representative is not a German Patent Attorney. The legalization or notarization of the POA is not required.

Analysis, publication, and opposition against a trademark in Germany

The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks. If all the requirements are met, a trademark will be registered and published in the Trade Mark Journal (Markenblatt). The opposition period is 3 months from the publication date.

Grant, validity term, and trademark renewal in Germany

The official grant fee for a German trademark is not stipulated. The trademark in Germany is valid for 10 years from the filing date, and it may be renewed for consecutive ten-year periods. For the trademarks that have been registered before 14 January 2019, the validity term ends on the last day of the month during which the application has been filed. For trademarks expiring on 1 February 2020, renewal fees may be paid within one year before the expiry of the protection term, and fees can be paid without a surcharge until the end of the second month after the due date. For all other trademarks, the renewal fees become due 6 months before the validity term ends. Following this date, the trademark owner still has six months after the due date to pay the renewal fee together with a surcharge for late payment.

Duration of the Trademark application registration procedure

The processing time from filing to registration is approximately 3-4 months in case of a smooth registration procedure.

Use requirement

Registration of the trademark in Germany can be canceled on the grounds of non-use upon a third party’s request if the trademark has not been used for a continuous period of 5 years from the end of the opposition period.

Representation by a German trademark attorney

Persons neither residing nor having a principal place of business nor an establishment in Germany should appoint a registered German trademark attorney. The representative may also be a national of a member state of the European Union or of another state which is a contracting party to the Agreement on the European Economic Area.

Notes

1. Online Search databases: German Trademarks, EU Trademarks, International Trademarks.

2. Trademark protection in Germany may also be obtained via registration of a European Union Trademark.

3. Provisional refusals of international registrations in Germany can be responded to within 4 months from the date WIPO sends the provisional refusal to the applicant. However, the term for filing a response is usually indicated in the provisional refusal itself. The Office provides for requesting a one-month extension. The response must be submitted in German. Applicants must act through a local representative. There is no option to request a revision or to file an appeal to provisional refusal before the Office.

If you have any queries related to the Trademark Filing in Germany, please contact IIPLA team. We will be more than happy to resolve your queries free of cost.

If you wish to request a quote for Germany, please fill the below form:

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