Trademark Registration in Germany

Trademark registration in Germany made easy: fixed prices including official registration fees. No bad surprises with unexpected fees. Guaranteed.

In order to obtain trademark protection in Germany you can register your trademark in three ways:

First option: If you want to register your trademark in Germany only, please follow the steps described below.

Second Option: Trademark protection for Germany can also be obtained by registration of a Community Trademark (CTM) which is valid for all countries of the European Community.

Third option: If your trademark has already been filed or registered in an other country you can obtain protection in Germany through an international registration.

Free Trademark Check insert trademark and all identical DE, EU and IR-Marks show up

Germany is a member of the Madrid Agreement, the Madrid Protocol and the European Union. The international classification of goods and services consisting of 45 classes has been adopted. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition. Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, colours, colour combinations, the three-dimensional form of a good or its packaging as well as sound marks and any combination of the mentioned signs. 

The following trademark types are registrable: trade marks, service marks and collective marks.

The application is filed at the Trademark Department of the German Patent and Trademark Office. Multiple-class applications are possible. Foreign applicants do not need a domestic registration. Foreign applicants need a local agent. A power of attorney is necessary but notarization / legalization of it is not required. The processing time from first filing to registration is approx. 2 to 4 months.  The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks. After registration, the trademark is published in the weekly “Markenblatt”.

The opposition period is 3 months from the publication date of the registration.

Protection begins with the date of application, but the trademark is only valid after successful registration. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.

If the trademark has not been used within 5 years from registration (or the end of the opposition procedure) or has later not been used for a continuous period of 5 years, it may be subject to cancellation. If no party has requested cancellation due to non-use during this time, subsequent use of the trademark can restore protection. Use of an identical Swiss trademark, which is registered for the same goods/services in Germany and Switzerland, counts as valid use in Germany and vice versa if the trademark owner has place of business and legal seat in either of the two countries (German-Swiss Agreement regarding mutual patent, design and trademark protection of April 13th, 1892, Art. 5)