How to Obtain a Trademark in Germany

It’s the biggest economy in Europe, and the fourth-biggest in the world. In short, Germany is a fantastic place to do business. One of the golden rules for setting up a business here (or anywhere) is to seek trademark protections for your company’s name, logo, slogan, and other intellectual property (IP).

This guide will show you how it’s done, with a step-by-step breakdown of how to obtain a trademark in Germany.

Step 1. Create the Content You Wish to Trademark

First, you’ll need some sort of content to trademark, such as a name, a logo, a slogan, etc. It’s important to ensure that whatever you wish to protect is unique and distinct from other trademarks that already exist. In other words, you won’t have much hope of getting a trademark for a brand name that is vague, obscure, or identical to one that’s in use in Germany already.

So, take some time to come up with unique brand and product names, logos and everything else you’d like to get German trademarks for. Also, avoid names that are needlessly descriptive or could be deemed misleading or offensive.

Step 2. Check It’s Not Already Taken

As touched on above, your names need to be unique and available in order for you to successfully obtain trademarks for them. So, before you start filling out application forms or other documents, it’s worth running some searches in the official DPMA (German Patent and Trade Mark Office) databases first.

This will mitigate the risk of you encountering any frustrating challenges or delays during your trademark application. If you spot any trademarks that look too close to your own, make some changes.

Step 3. Fill Out the Forms

Next, it’s time to actually fill out the application forms and submit your proposal to the DPMA. You can do this either online or in-person, but most people will find the online system to be the easiest and most convenient way.

Register with the official e-filing system and then follow the instructions to submit all the necessary information. You’ll need to include details of the content you wish to trademark and pay the relevant filing fees before you send your application off for review.

Step 4. Wait for Approval

Once the forms are submitted, you can mostly just sit back and wait for the DPMA to process your application, though you may still have to take action if any issues or discrepancies are found.

During this period, the DPMA will:

• Formally examine your application to look for any little errors or admin oversights that need addressing, like if you didn’t pay all relevant fees correctly, or some key documents are missing from your filing. They’ll let you know if they find anything that needs attention, and give you time to make any necessary amendments.
• Publish your application in the official DPMA Register for a period of three months, during which time any relevant third parties can file oppositions or challenges. Another business may be worried about your trademark causing confusion for their customers, for example.
• If your trademark passes the publication period unchallenged, they’ll investigate your trademark more thoroughly to confirm it meets all the expected standards and abides by all trademark rules and requirements.

If your trademark passes all the checks and tests, your application will be approved, and after you pay the registration fee, you’ll receive a certificate to confirm that you are the trademark holder.

Important Things to Know About Getting a Trademark in Germany

That’s the trademark application process covered, but here are a few other details you’ll probably find useful:

• Timeline: It takes anywhere from four to eight months on average to receive your trademark, starting from the day you submit the application form. The process may take longer if there are any objections or challenges to your trademarks.
• Cost: You’re looking at a fee of around €300 for your trademark application, though you may pay more if you want expedited service or if you hire trademark registration professionals to help.
• Renewal: You’ll need to renew all German trademarks every 10 years.

Obtain Your Trademark in Germany Today

So, if you’re setting up a business in Germany or looking to branch out into one of Europe’s biggest markets, it’s a relatively straightforward process to get the trademarks you’ll need. You can always call on the help of trusted trademark pros to assist you if needs be.