Registering a trademark in Germany involves a series of steps that include conducting a preliminary search, filing an application, undergoing an examination by the DPMA, and waiting for the publication and potential opposition period. If successful, the registration of your trademark will bestow upon you exclusive rights to use it in Germany for ten years, with the option of renewal. By following this guide and utilizing the resources provided, you can take the necessary steps to shield your brand in Germany. Adhering to the requirements and guidelines will ensure a streamlined registration process.
Step 1: Preliminary
Search The first action to undertake is a preliminary search to ensure that your proposed trademark does not conflict with existing ones. The German Patent and Trade Mark Office (DPMA) offers a database, DPMAregister, where you can conduct this search. Access the database at this link: https://register.dpma.de/DPMAregister/Uebersicht
Step 2: Application
If the search yields no conflicting trademarks, you can proceed to file an application with the DPMA. This application should include a clear depiction of the trademark and a list of goods or services that will be covered by the trademark.
Step 3: Examination by DPMA
The DPMA, after receiving your application, will scrutinize it to ascertain that it complies with the requirements of the Trademark Law. The DPMA will determine if the trademark can be registered or if it infringes upon existing trademarks.
Step 4: Publication
Once your application passes the examination stage, the DPMA will publish the application in the German Trademark and Patent Gazette (Warenzeichenblatt). This step is taken to allow third parties the opportunity to object to the registration of the trademark. The opposition period lasts for three months from the date of publication.
Step 5: Registration
If no opposition is raised, or if any opposition is resolved in favor of the applicant, the DPMA will proceed with the registration of the trademark. Upon successful registration, the applicant will be issued a certificate of registration.
Costs:
The official fee for filing a trademark application is approximately €290 for electronic filing and €300 for paper filing (as of 2023). If the application is successful, there is an additional fee for the issuance of the registration certificate. Please note that these fees are subject to change and it's advisable to check the latest fees on the DPMA website.
Time-frame:
The entire process, from application to registration, typically takes between 6 to 9 months, provided there are no objections or oppositions.
Website Links:
German Patent and Trade Mark Office (DPMA): https://www.dpma.de/english/index.html
Related Information
