Trademark registration in Germany. Germany, officially the Federal Republic of Germany, is a country in Central Europe. It is the second-most populous country in Europe after Russia and the most populous member state of the European Union. Germany has a social market economy with a highly skilled labor force, a low level of corruption, and a high level of innovation. It is the world’s third-largest exporter and third-largest importer of goods and has the largest economy in Europe, which is also the world’s fourth-largest economy by nominal GDP. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Germany.
Necessary documents for trademark registration in Germany
The necessary documents for trademark registration in Germany include:
- Applicant’s details;
- The trademark model;
- A detailed list of the goods or services;
- A copy of the Priority Document (If any).
Note:
If not requested by the DPMA, it is not necessary to submit a translated copy of the required documents in German.
The procedure of trademark registration in Germany
The German trademarks office (DPMA) will conduct a formal examination and an examination of distinctiveness to check for errors in formality or content, and examine whether the trademark complies with the requirements for registration.
If there are no errors detected and the trademark is satisfactory for registration, the trademark will be published in the Trade Mark Journal (Markenblatt).
After which, there will be a 3 months opposition period for other parties to file for opposition to the registration.
Additionally, if the applicant wants to speed up the registration process, the German trademark office offers the option of an accelerated trademark registration process.
With an additional fee, this process may allow the applicant to receive the trademark certificate in just 2 months, instead of 3-4 months.
Note:
European Union Trademarks (EUTM) are protected in Germany because Germany is a member of the European Union.
Germany is a member state of the Madrid Protocol. Accordingly, the extension of international registration of a trademark via the Madrid System is possible for this country
The validity period of trademark registration in Germany
After the successful registration in Germany, the trademark will have a validity period of 10 years from the registration date.
One year before the expiration date, the trademark owner may file for renewal for an additional 10 years of validity.
If the trademark owner misses the deadline, they can also file for renewal in a 6 months grace period after the expiration date with an additional late payment fee.
Use requirement of the trademark in Germany
The use of a trademark before registration is not necessary to file an application. Furthermore, the previous use of a mark will not help to overcome objections raised on grounds of lack of distinctiveness.
Although it is not necessary to use the trademark before registration, the trademark owner must use the trademark within a period of 5 years after the successful registration of the trademark. If not used for a commercial purpose within 5 years from the registration of the trademark in Germany, the trademark may become vulnerable to cancellation for non-use by other parties.
You can see a list of German IP firms here.