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Trademark Registration in Germany

Trademark registration in France is the most valuable and powerful tool to promote and make people recognize a brand's product. The mark identifies the origin of the goods and services to indicate quality. It protects the brand at an international level too. There are intellectual property regulations that differ from state to state; therefore, there is a need to take proper precautions to safeguard your brand in the eyes of malicious people. In Germany, any use of a trademark before it is officially registered will have no legal impact in any future legal proceedings related to intellectual property rights.
 
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the E.U. As a result, it is afforded all of its protections. Furthermore, it is important to point out that Germany is also a member of the Madrid Protocol. Therefore, the extension of an international trademark registration can be achieved using the Madrid system.

 

Why you should register a trademark in Germany

In Germany, any use of a trademark before it is officially registered will have no legal impact in any future legal proceedings related to intellectual property rights. This is to say that using an unregistered trademark will not help you overcome any objections presented by another party regarding its use and distinctiveness. This is one reason you should protect your brand by having your trademark registered before using it in the marketplace.

 

A registered trademark in Germany is valid for up to ten years, but one may renew the registration a year before the expiry date. For those who fail to renew their registration in time, there is a six-month grace period offered to them from the time of expiry to remedy the situation. However, any delayed renewal will result in additional costs.

 

Another reason you should register your trademark in Germany is that if another party wishes to use it for similar goods or services in the future, you will have legal recourse to oppose their use of the trademark.

 

Trademark registration costs in Germany

In most cases, the average cost of trademark registration in Germany is $100 and $80 for any additional class. These prices refer to word marks alone, which means that if your trademark has any figurative aspects, i.e., logos, you will have to pay an extra fee amounting to $30. In the first-class trademark application, the costs are $940 and $330 for every additional class.

 

One may also opt for the accelerated application process, which takes two months. However, this attracts an extra cost of $420.

 

Trademark search in Germany

The DPMA is the official state database for trademarks, patents, designs, and utility models in Germany. This means that if you are applying for trademark registration either on your own or via a trademark agent, a search will have to be conducted on the DPMA platform to establish the viability of your application.

 

Trademark registration process in Germany

1.   Any trademark registration process in Germany will begin with a trademark search on the DPMA platform.

 

2.  The next phase will be to file a trademark application with the German trademark office. Once the office processes the application, they will issue a receipt to the applicant within a day via the mail service.

 

3.  Once this is done, the trademark office will then review the application to determine whether the mark meets the registration requirements. The process will take 1 to 3 months, but in the case of an accelerated application, it will take 2 to 3 weeks.

 

4.  Once a trademark is registered, the applicant will be provided with a registration number by the trademark office. Their mark will then be published, and any entity with reservations regarding its validity will have three months to raise their concerns with the German trademark office. If no issues are brought forward, the trademark will remain in good legal standing henceforth.

 

5.   The validity period of the trademark in Germany is ten years from the date of application, after which the applicant must file for renewal of the registration.

 

FAQS

Q1: How long does it take to for the trademark registration process to be completed?

In most cases, the standard application time for trademark registration is between one to three months. However, for the accelerated application, the time can be between two to three weeks.

 

Q2. Does my trademark registration apply in Germany apply in the E.U?

Depending on your trademark application, you can enjoy trademark rights in Germany and the European Union.

 

Q3. Do I have to do a search for my trademark?

Yes, you do. This is usually done on the DPMA platform, which is Germany's official database for trademarks and patents.

 

Q4. Can my trademark application be rejected?

Yes, it can. This can happen if another party can prove intellectual infringement. In such a situation, you will be forced to revise your application.


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