Global Trademark GO: Germany——Introduction to German Trademark Application

The current trademark law in Germany is the Trademark Law of the Federal Republic of Germany, which was last revised in 1979. Trademark types are mainly divided into general trademarks, collective trademarks and certification marks.

1. Ordinary trademarks

Common categories include: simple word trademarks, combined word/graphic trademarks and simple graphic trademarks (excluding text elements), including three-dimensional trademarks, color trademarks, sound trademarks, position trademarks, trace trademarks, pattern trademarks, sports marks, multimedia marks, Holographic marks and other types of marks.

2. Collective trademark

The owner of a collective trademark is an association with legal capacity. Different from the traditional function of trademarks to distinguish products and services, collective trademarks are only used by members of the association and are proof of the association's recognition of the source of the product.

3. Certification trademark

A certification mark refers to the certification of certain characteristics of goods/services by an independent agency and can be used by multiple companies. Any natural or legal person who is not a manufacturer, trader or service provider of goods can be the owner of a certification mark.

1. Trademark authority:

• German Patent and Trademark Office
• English: German Patent and Trade Mark Office, abbreviation: DPMA
• Website: DPMA | Trade Marks
• Search: DPMAregister | Trademarks - Basic Research

2. How to apply for trademark registration:

• Paper submission; electronic submission

3. Trademark registration application language:

• German

4. Documents required for trademark registration application:

• Trademark pattern
• Applicant details
• Designated goods and categories of trademarks
• The priority document can be submitted within 2 months from the filing date, and its German translation only needs to be submitted when required by DPMA.
• power of attorney

5. German trademark registration application process:

• The application undergoes formal examination and distinctiveness examination, but no prior trademark search is conducted.
• If the requirements are met, the trademark will be registered and published in the trademark journal (Markenblatt).
• German trademark registration applications can be submitted for accelerated examination. If the format is complete and the conditions are met, the registration can be completed within a few working days at the earliest and no more than 6 months at the latest. The official fee for a request for accelerated examination is €200.

6. Trademark cancellation

• If the trademark has not been used for five consecutive years from the end of the opposition period, the third party may claim to cancel the registered trademark based on the non-use of the trademark.

7. Trademark objections

• The opposition period for a German trademark application is 3 months from the date of publication.

8. Authorization, validity period and trademark renewal

• Germany does not charge official fees for trademark authorization. A German trademark is valid for ten years from the date of registration and can be renewed for ten years each time. The renewal fee can be paid within one year before the expiration date or within 2 months after the expiration date. No additional fees are required. Renewal fees for other trademarks are due 6 months before the end of the current validity period. There is a grace period of 6 months after the expiration date, during which the renewal fee can be paid, but late payment fees are required.

9. Average time for trademark authorization

• The average time from application to trademark registration in Germany is 3-4 months.

10. Madrid registration

• A provisional refusal of a German international registration can be responded to within 4 months from the date WIPO sends the provisional refusal to the applicant. However, the deadline for filing a response is usually stated in the provisional rejection. The office provides for requesting a one-month extension. Responses must be submitted in German. Applicants must act through a local representative. There is no option to request modification or appeal a provisional rejection to the Office.