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Germany Trademark Registration

Germany Trademark Registration

Germany is a signatory to international intellectual property treaties such as the Singapore Treaty, Paris Convention, Nice Agreement, WIPO Convention, and Trademark Law Treaty. It is also a member of the Madrid Agreement, Madrid Protocol, and the European Union.

Required Documents for Trademark Registration

  1. Trademark specimen
  2. Designated class(es) and specific goods/services
  3. Applicant’s name and address
  4. Priority document and its German translation (if priority is claimed)

Trademark Registration Process

  1. Application Submission
  2. Formal Examination
  3. Substantive Examination
  4. Trademark Publication: After passing substantive examination, the German Patent and Trade Mark Office (DPMA) will publish the application in the official gazette. The opposition period is 3 months, during which any party may file an opposition.

Important Notes

  1. Article 26 of the German Trademark Act specifies requirements for trademark use:
    (1) To maintain trademark rights based on 'use,' the trademark must be genuinely used on the registered goods/services, except in cases of force majeure.
    (2) Authorized use by a third party is considered actual use.
    (3) If the actual use of the trademark differs from the registered version but does not alter its distinctive character, it is still considered use of the registered trademark.
    (4) Use of the trademark on products or packaging, even if the products are for export only, is considered use in Germany.
    (5) If there is a history of opposition to the trademark, the deadline for proving use within 5 years after registration may be adjusted to 5 years from the date of the opposition decision.
  2. Germany does not examine 'relative grounds' during trademark registration. This means the authorities will not proactively refuse an application based on similarity to prior trademarks. As a result, trademarks can easily pass the initial examination and proceed to publication. Therefore, trademark owners must actively monitor and file oppositions when necessary to protect their rights, even after registration.
  3. In Germany, the registration certificate is issued before publication. If an opposition is successfully filed during the publication period, the trademark will not take effect even if the certificate has already been issued.

Validity Period and Renewal
A German trademark is valid for 10 years from the filing date.
Renewal can be filed within 6 months before expiration, with a 6-month grace period. Additionally, there is a 6-month restoration period. Each renewal extends the validity by 10 years.


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