Trademark registration in Germany - The ultimate guide
Find out everything about the application process, costs and time required to register your trademark in Germany.
In which country do you want to register your trademark?
Contents
Why register a trademark in Germany?
Which body registers trademarks in Germany?
How is trademark priority in Germany determined?
How long does it take to register a trademark in Germany?
What is the cost of trademark registration in Germany?
Who can register a trademark in Germany?
What does the trademark registration process in Germany look like?
What does the trademark opposition process look like in Germany?
How long does a trademark last in Germany? How can I renew my German trademark?
Why register a trademark in Germany?
Germany, as the largest economy in Europe and the fourth-largest worldwide, offers significant opportunities for foreign investors. Establishing a commercial presence in Germany provides companies with access to a large, affluent consumer market and serves as a gateway to the broader European Union.
Given Germany's 'First-to-File' system, obtaining trademark protection is highly recommended, even if branded products are not yet sold in the country. Any business wishing to ensure its brand is well-protected before expanding internationally should consider Germany a priority on its trademark list.
Which body registers trademarks in Germany?
The German Patent and Trade Mark Office (Deutsches Patent- und Markenamt, DPMA) is responsible for examining, granting, and administering intellectual property rights, including patents, trademarks, and designs in Germany.
How is trademark priority in Germany determined?
Germany is a "First-to-File" jurisdiction, meaning applicants who first apply for a trademark are assigned trademark rights and given priority over others, regardless of the actual use of the trademark in commerce.
How long does it take to register a trademark in Germany?
It generally takes 4 to 8 months to register a trademark (from filing the application to the final decision), provided there is no objection or opposition lodged against your application. In the event of opposition, the process may take longer.
What is the cost of trademark registration in Germany?
The fee for filing a trademark application is €300 (approx. $326) for up to three classes, and an additional €100 (approx. $108) for each additional class.
Who can register a trademark in Germany?
Both domestic and foreign applicants can file for trademark registration in Germany. Foreign applicants must appoint a local representative who is a resident in Germany and a registered trademark agent.
What does the trademark registration process in Germany look like?
Create a distinctive sign:
- A trademark must have distinctiveness to be eligible for registration. It should distinguish the goods or services of one enterprise from those of others. Non-distinctive, generic, or overly descriptive marks are less likely to be registered by DPMA.
Conduct a prior search:
- Before applying, it is advisable to conduct a trademark search to ensure that your mark is not confusingly similar to already registered marks. This helps avoid rejection or opposition from existing trademark owners.
Submit an application:
- Applications can be submitted online through DPMA's e-filing system or in person/by mail at DPMA's headquarters. The application must include the trademark, the list of goods or services, and the necessary fees.
Examination process:
Formal Examination: DPMA will first check for formal deficiencies in the application (e.g., incorrect data, non-payment of fees). If any issues are found, applicants will be notified and given a chance to correct them.
Publication: If the application passes the formal examination, it will be published in the DPMAregister for a three-month opposition period.
Substantive Examination: After the opposition period, DPMA will conduct a substantive examination to ensure the trademark meets all requirements. If any issues are found, an office action will be issued, and the applicant must respond within a given time frame.
5. Registration and issuance of certificate:
If the application passes the substantive examination and any opposition proceedings, DPMA will grant the trademark registration, and the applicant must pay the registration fee. Once paid, DPMA will issue the registration certificate.
What does the trademark opposition process look like in Germany?
After publication in the DPMAregister, there is a three-month period during which third parties can file oppositions. If an opposition is filed, the applicant will be notified and given a chance to respond.
Time: Opposition proceedings can take several months to over a year, depending on the complexity of the case.
Cost: The fee for filing an opposition is approximately €250 (approx. $270). Additional costs may arise if legal representation is needed.
How long does a trademark last in Germany? How can I renew my German trademark?
A trademark in Germany lasts for 10 years from the date of registration. It can be renewed indefinitely for subsequent 10-year periods.
Renewal fee (within the official date): Approximately €750 (approx. $815) for up to three classes, and an additional €260 (approx. $282) for each additional class.
Renewal fee (within an extended period): An additional fee may apply for late renewal, typically 50% of the standard renewal fee.
Most popular sectors
Construction - Housing developer
Transportation - Airline
Health & beauty - Tattoo and piercing studio
Home - Cosmetic, hygiene and beauty care utensils
FMCG - Waters
Hospitality - Food delivery services
Hospitality - Tourist attraction
Education - Yoga and meditation
IT - Computer hardware
Entertainment - Sport events
Other popular countries
Don't let your dreams melt away
