Learn how to file for a trademark in Germany with our simple step-by-step guide to the process.
How to Obtain a Trademark in Germany
Germany Trademark Registration
Protect Your Brand in Germany Through a Simple Process Backed by Certified Local Attorneys
Simple steps to register your trademark
In Germany, there are two ways to protect your trademark: register a European Union Trademark, which covers all 27 member states, or register directly with the German Patent and Trademark Office (DPMA).
STEP 1
Comprehensive Trademark Study
Before filing your trademark in Germany, you must evaluate any issues that may arise during the registration process. Our Comprehensive Trademark Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
- Graphic and phonetic similarity trademark search report
- Trademark attorney's analysis and advice
- Trademark class recommendation
STEP 2
Trademark Application Filing
Specialized attorneys will file your trademark application in Germany and carry out all the necessary formalities to bring your application for approval and registration. As soon as your trademark is filed, we will send you a filing report that will include the application number and application date. Also, we will send you a scanned copy of the filed application.
- Process Handled by Experienced Trademark Attorneys
- Filing the Report & a Scanned Copy of the application
- Tracking the Registration Process Online
STEP 3
Trademark Registration Certificate
Once your trademark application is approved, our attorneys complete all the formalities necessary to obtain the registration certificate in Germany. After the certificate is issued, it is forwarded to your address along with a registration report specifying the registration number, registration date, and any special consideration that should be taken into account in Germany.
- Process Handled by Experienced Trademark Attorneys
- Delivery of Registration Certificate & Report
- Monitoring & Notification of Important Dates
Additional Services in Germany
Discover how our services help protect and strengthen your brand in Germany.
Trademark Search
Check if your trademark is available for registration with our easy-to-use search tool.
Search TrademarkTrademark Renewal
Renew your trademark to maintain uninterrupted protection for your brand.
Renew TrademarkDomain Registration
Safeguard your local domain with ease through our trusted partner, Register.Domains.
Search .DE DomainsFrom our Blog
National vs. International Trademark Registration
Discover how national and international trademark registration compare, the pros and cons of each, and which is right for you.
Commonly Asked Questions About Trademark Registration
Learn answers to some of the most commonly asked questions on trademark registrations to improve your trademark knowledge.
Frequently Asked Questions
Who is eligible to challenge my trademark registration?
If someone has an earlier right to a similar trademark, they can dispute your registration.
If I register my trademark in Germany, will it be protected in other countries?
When you register a trademark in Germany, it is protected within Germany, including the area formerly known as East Germany. If your registration is through the European Union Trade Mark (previously known as the Community Trademark), your trademark will be protected in all EU member countries.
How long is a registered trademark valid for once it has been approved?
Once your trademark is registered, it will be valid for 10 years starting from the application date.
Does registering a trademark in Germany provide me with any legal rights?
In Germany, you need to register your trademark to gain rights to it. The country follows a "first to file" system, meaning the first person to register a trademark gets the rights. However, well-known trademarks that have gained significant recognition in the market can be protected even if they aren't registered.
Sure, here's a rewritten version of the question: "Is it necessary for me to provide a Power of Attorney?"
A basic scanned copy of a power of attorney is necessary.
What are the steps involved in the trademark application process in Germany after it has been submitted?
The application process involves the following steps:
Is it possible to use the filing date from my home country as the filing date for a patent application in Germany?
Yes, you can claim the filing date from your home country as the filing date in Germany if these conditions are met:
- Your home country is part of the Paris Convention.
- The filing date in your home country was within 6 months before the application date in Germany.
- Your home country is a member of the WTO (World Trade Organization).
- International registration can be initiated in Germany.
What actions are necessary to fulfill the usage requirement for a registered trademark?
You need to use your registered trademark within 5 years from when it was registered or from when any opposition ended. The "use" must be on a commercial scale and within this area. If your trademark is registered as a European Union Trade Mark, using it in any EU member country is enough.
What is the typical duration for trademark registration approval?
Typically, it takes about 3 months to get trademark registration approval, provided there are no objections or oppositions.
Can a registration be canceled?
Yes, you can cancel a registration for reasons such as:
- Not being used
- Being offensive or against public standards
- Registered in bad faith
- Using generic or common terms
- Misusing geographical names
- Conflicting with existing personal names or patented designs
- Violating copyright
- Infringing on proprietary rights
- Being descriptive, not unique, misleading, or functional
- Using protected flags, emblems, or official symbols without permission
- Conflicting with well-known marks and trade names
What is the duration of the opposition period?
The opposition period begins on the date the registration is published and lasts for three months from that date.
Do I need to use my trademark before applying for registration?
Applicants don't have to use the trademark or plan to use it before they apply for registration.
What rights do you gain by registering a trademark?
Yes. In Germany, registering a trademark grants the owner several rights:
- Exclusive right to use the trademark
- Ability to oppose later applications that conflict with the trademark
- Right to request the cancellation of a conflicting registration made later
- Right to take legal action against others using a similar mark that causes confusion
- Right to seek compensation for trademark infringement
- Right to license or permit others to use the trademark
- Right to request the seizure of counterfeit products with the registered trademark
Still have questions?