German Trademark Registration

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German trade mark registration are required register IP protection at German Patent and Trade Mark Office (DPMA). German Patent and Trade Mark Office (DPMA) is the government body responsible for registering IP protection.

German Trade Mark Search

German trade mark search is important. A German trademark must not be identical or similar to a registered or used trademark for the claimed goods and services. Accordingly, prior to filing a trademark application a search for identical or similar marks should be carried out, since already the trademark application can be interpreted as an intention to use such mark and can give rise to a costly cease-and-desist warning letter.

During the German trade mark application, German Patent and Trade Mark Office (DPMA) does not check if there is another trade mark that is identical or similar to your sign. For this reason you should check, before filing a trade mark application, whether the trade mark selected does not infringe third party rights.

German Trade mark Application

A German trade mark application can be filed with the German Patent and Trademark Office (GPTO). Within 6 months a priority of a first filing can be claimed when filing the German trade mark application. For a German trade mark application an exposition priority can be claimed if the trademark was presented for the claimed goods and services within the last 6 month on a trade fair which was admitted by the German Ministry of Justice in the Federal Law Gazette for providing an exhibition priority.

German Trade Mark Opposition

Within three month following the publication, a German trade mark opposition against registering a trademark can be filed. Against registering a German trademark opposition can be based essentially on a filed or registered German trademark, a Community trademark or a non-registered trademark that is used in the course of trade and obtained more than mere local significance.

The opposition proceeding is carried out by the respective Office (GPTO) and is compared to an action at a Civil Court relatively cost efficient. Opposition decisions can be appealed at the Federal Patent Court or at the Boards of Appeal of the GTPO.

German Trade mark protection

Trade mark protection becomes effective upon the registration of a sign in the register. The term of protection starts on the application date and lasts for a 10 years. It can be renewed by further 10-year periods but a request for renewal must be filed within six months before the current term expires.