The German Trademark Protection System

The Trademark Protection Law was promulgated in 1874, which protected trademark and name rights and played a positive role in avoiding unfair competition. In 1894, the law was replaced by the Trademark Law. In the Trademark Law, a system combining preliminary review and registration has been introduced, and the Trademark Protection Law has been improved.

In recent years, in order to adapt to the progress of society and the development of technology, the revision of German intellectual property law has become more frequent. For example, in 1994, the Trademark Law was amended into the Trademark and Other Marks Protection Law, which included commercial marks, geographical indications, well-known trademarks, etc. in its protection scope. Since the beginning of 2019, the revised Trademark and Other Signs Protection Law has come into effect, and applicants can apply to register modern types of trademarks, such as sound trademarks, multimedia trademarks, and holographic trademarks.

DPMA German Patent and Trademark Office

The German Patent and Trademark Office (DPMA) is responsible for authorizing and managing patents, utility models, trademarks, and designs. It has offices in Munich, Jena, and Berlin and is the largest national patent office in Europe and the fifth largest in the world.

website：www.dpma.de

Telephone：+49 (0) 89-2195-1000

address：Zweibrückenstraße 12, 80331 München（Munich headquarters）

DPMA Dienststelle Jena, Goethestraße 1, 07743 Jena（Jena Service Office）

DPMA Informations- und Dienstleistungszentrum Berlin, Gitschiner Straße 97, 10969 Berlin（Berlin Information and Service Center）

Email：info@dpma.de

Introduction to Trademark Registration in Germany

3.1 Object of Trademark Protection

A trademark refers to any identification that can distinguish a company’s goods or services from those of other companies, especially text, patterns, letters, numbers, sound signs, three-dimensional shapes, including colors or combinations of colors. Trademarks are divided into textual trademarks, graphic trademarks, textual/graphic trademarks, three-dimensional trademarks, sound trademarks, color coded trademarks, and other forms of trademarks.

3.2 Absolute rejection of registration reasons

1. Lack of significance;

2.Descriptive trademarks, except for those that have acquired a second meaning through use in Germany;

3.Misleading the public;

4.Include national symbols;

5.Violating public policy or ethical principles.

3.3 Protection period

From the application date until the last day of the application month 10 years later, the renewal fee must be paid no later than 6 months after the end of the protection period to renew indefinitely. Each renewal is valid for 10 years.

German Trademark Registration Procedure

1.Application documents: Application form (can be checked for accelerated examination), trademark representation (pictures, photos, CDs, etc.).

2.Application method: It can be submitted in paper form or electronically through the DPMA official website. Electronic application fees are slightly lower and the review process is faster.

Individuals or businesses without a residence or place of business in Germany must appoint a German lawyer or an EU lawyer as their representative.

In EU trademark applications and international trademark applications of the World Intellectual Property Organization, Germany is designated as the protected country and can also obtain German trademark protection.

After submitting the registration application, you will receive a receipt and an application number, which will be published in the DPMAregister database.

3.DPMA examines whether there are absolute grounds for rejection of trademark registration applications, without checking whether identical or similar trademarks have already been registered.

4.The registered trademark owner will receive a “Trademark Registration Certificate”.

5.The registered trademark will be published in the Trademark Journal.

6.The prior rights holder may object in writing to the registration of the trademark within 3 months after its publication.

7.Within 10 years after trademark registration, anyone can apply for DPMA or request the court to revoke the trademark registration based on absolute rejection of registration reasons.

8.After receiving a trademark revocation application, DPMA will notify the trademark registration rights holder. If the trademark registration rights holder does not object within 2 months, the trademark will be revoked.

9.After receiving a trademark revocation application, DPMA will notify the trademark registration rights holder. If the trademark registration rights holder objects within 2 months, DPMA will initiate the revocation process.

10.The trademark must be used in all registered categories of goods and services. If the trademark is not used for five consecutive years after registration, anyone can apply to DPMA or request the court to revoke the registration of the trademark.

11.After receiving a trademark revocation application, DPMA will notify the trademark registration rights holder that if the trademark registration rights holder does not object within 2 months, the trademark will be revoked.

12.After receiving a trademark revocation application, DPMA will notify the trademark registration rights holder. If the trademark registration rights holder objects within 2 months, the revocation applicant can file a trademark revocation lawsuit in court.

Introduction to German Trademark Office Fees

For more information, please refer to the official DPMA website.