Trademark registration Germany

When you decide to enter the German market with your product or service a trademark registration must be realized in Germany. A trademark registration in Germany can be achieved in two different ways. The first way is to register a trademark within the European Union, so that it is also automatically valid in Germany. The second way is a local registration with the German patent and trademark office DPMA. Entrepreneurs who do not consider it necessary to be registered in all Member States of the European Union choose this option. When urgent is required, an accelerated process can be requested from the DPMA. This only takes two months.

Trademark registration in Germany can be done at word level, image level or a combined level. If you opt for a combined trademark, i.e. a trademark that contains both word elements and figurative elements, your exclusive right is limited to the use of this exact composition. If you want to be able to use the word element or the logo separately, it is wise to protect this word mark or logo separately as well.

This does not alter the fact that you may always object when another party uses your trademark or part thereof for goods or services that belong to a primary or separate part of your trademark. In other words, you can oppose this. The degree of success in such a case varies and depends on the exact circumstances.

Before we go into more detail about applying for a trademark registration in Germany separately, we will come back to filing your trademark at European level. If you apply for a trademark registration there and it is approved, then your trademark is protected in all 27 countries of the European Union. Note: this does not apply to all of Europe. Do you have no ambitions to operate on this scale, but do you choose to only apply for trademark protection for the German market? Then you turn to the DPMA, the Deutsche Patent- und Markenamt.

If you want to achieve trademark protection in Germany, you can apply for this at the DPMA. This office will examine your application and check whether your trademark meets the applicable requirements for registration. Please note: verifying the existence of identical or confusingly equivalent trademarks is not the function of the Deutsche Patent- und Markenamt. For this you need to have done research yourself, with or without the help of a trademark office.

Even when your trademark registration is a fact in Germany, you must actively check whether registrations of other trademarks that are similar or identical to yours have taken place. In other words: you have to keep an eye on and defend your official trademark registration in Germany. For the latter you can again hire a trademark office. Goods and services are classified in one or more of the internationally used classes.