Register Your Trademark in Germany
Protect your valuable assets in Germany by applying for a German trademark.
With our flat fee trademark search and application service we focuse on delivering quality legal services at a reasonable flat fee. We use industry-leading trademark search tools and you can rely on the experience of attorneys that have registered more than 4,000 trademarks. If you have any questions please contact us.
- Over 4000 successful trademark registrations
- Highly specialised trademark attorneys
- Flat fee prices with no hidden costs
Trademark Search & Registration Package
- Trademark Clearance Search using industry-leading research tool**
- Consultation Time by an Expert Trademark Lawyer
- Advice on the protectability of your brand
- Developing a Trademark Strategy to correctly identify goods and services
- Drafting and Filing of Application
- Responding to Non-Substantive Office Actions
- Sending Registration Certificate
*plus VAT and TM Office Fees. The flat legal fee applies to a trademark search and filing in up to three classes of goods/services. Request a quote on your specific trademark if it does not meet these parameters.
How it Works:
STEP 1: Complete our order form and pay the flat legal fee.
STEP 2: Within 4 business days, we will complete your comprehensive trademark search and e-mail you the results.
STEP 3: We will provide you with a phone consultation regarding the results of your trademark search and answer any other questions relating to your application.
STEP 4: We draft your application and send it for your final review.
STEP 5: We file your trademark application at which time you will pay the official filing fee to the trademark office, which is €950 for up to three classes of goods/services and €100 for all subsequent classes.
A comprehensive clearance trademark search to ensure no pre-existing trademark could cause the denial of your application. To conduct your trademark search, we use an industry leading trademark search tool. Using a professional grade trademark search software ensures that your trademark search is as accurate as possible. The database covers virtually the entire globe with 180 trademark registries. Moreover, the common law data contains more than 140 million public and private companies across 191 countries. All data is regularly cleaned, unified and repaired (e.g., fix misspellings of trademark owner names, combine brands that belong under the same owner etc. in the Trademark Offices data itself). We run a search for your name and products and receive an immediate indication of the risk involved in registering the trademark. We search identical and similar (registered or undergoing the filing process) trademarks in the German, European and international trademark registers. You’ll get a prioritized list of similar trademarks. You get a report and our legal opinion that gives you insights on Brand Strength, use of the mark, litigiousness of owners of similar trademarks and likelihood of confusion of potentially conflicting marks that will help you to make your decisions.
If the search finds a potential conflict for your trademark we do a second comprehensive search focused on these results.
We draft an opinion letter explaining you the search results.
Telephone consultation with a trademark expert attorney regarding the search results and your application.
Drafting and filing of your trademark application.
Tracking of your application once filed with the trademark office.
Responding to any non-substantive office actions on your behalf.
Mailing your trademark registration certificate upon receipt from the trademark office.
5 Good Reasons for a German trademark
A German trademark registration is inexpensive. The basic fee is €290. The registered trademark has protection for ten years without any additional fees during this time. After ten years, you can extend the term of protection of the trademark for a further ten years by paying an extension fee.
With the registration, the brand has nationwide protection. This means that you are covered and do not have to provide evidence of whether and when you acquired trademark rights or other trademark rights. The scope of the property right is shown in the register. As a trademark owner, you can assert your right against younger, confusingly similar trademarks throughout Germany. You can also take action against a younger EU trade mark, i.e. a trademark that is valid in the European Union (EU), provided that it is confusingly similar to your own trademark.
Lower vulnerability of the national brand
Compared to an EU trade mark, a German brand is less vulnerable. A European Union trademark applies throughout the EU, but the “all-or-not-at-all principle” applies. This means that if there is an absolute ground for refusal in only one of the 27 EU member states, the EU trade mark cannot be registered. The same applies to the opposition procedure. A confusingly similar, older brand in one of the 27 EU member states is enough to bring down the entire EU trade mark. Potential conflicts with older brands from across the EU are difficult to predict and assess. A European Union trademark is therefore more likely to be attacked by competitors.
Tailor-made: extend protection to other countries
For a company or business that mainly operates in Germany, the registration of a German brand is the right format. A European Union trademark offers
Protection across the EU, but costs more and may be more vulnerable. For in the event that a company wants to expand, there is an option based on that
the registered German trademark an application for international registration with the World Intellectual Property Organization (WIPO). B this you can achive in a very cost effective way registration of your brand also in non-EU member states like Switzerland or Norwegen or countries in the Asian region or in the USA.
Advantages in provisional legal protection
For a preliminary junction you need a registered trademark. The German brand is more advantageous because it is normally registered earlier than an EU trade mark. A German trademark is already registered after checking the protection ability, the Objection proceedings will only be carried out afterwards; in the case of a European Union trade mark, registration is only carried out after checking ability to protect and after the opposition procedure has been carried out. The opposition proceedings can also take significantly longer than for a German brand also because owners of older brands from all EU countries can object to the registration of your mark. In the case of a German trademark, the applicant is therefore able to exercise rights earlier.
What you need to know
What can be registered as a German trademark?
A German trade mark can consist of any signs, in particular words (including personal names), or designs, letters, numerals, colours, the shape of goods, or of the packaging of goods or sounds.
In practice, this means that as long as your trade mark falls into one of the categories of trade marks accepted by the Office, and can be represented by the accepted formats, you can submit it as an application without having to represent it graphically.
A word mark consists exclusively of words or letters, numerals, other standard typographic characters or a combination thereof that can be typed
It is a trade mark where non-standard characters, stylisation or layout, or a graphic feature or a colour are used, including marks that consist exclusively of figurative elements
Figurative mark containing word elements
A figurative mark consisting of a combination of verbal and figurative elements
A shape mark consists of, or extends to, a three-dimensional shape. It can include containers, packaging, the product itself or its appearance.
Shape mark containing word elements
A shape mark that contains verbal elements.
A position mark consists of the specific way in which the mark is placed or affixed to the product.
A pattern mark consists exclusively of a set of elements which are repeated regularly.
Colour (single) mark
A colour single mark is just that – a trade mark which consists exclusively of a single colour (without contours).
Colour (combination) mark
A trade mark which consists exclusively of a combination of colours (without contours)
A sound mark consists exclusively of a sound or a combination of sounds
A trade mark consisting of, or extends to, a movement or a change in the position of the elements of a mark.
It consists, or extends to, the combination of images and sound.
Hologram marks consist of elements with holographic characteristics.
To be eligible for registration, your trade mark must be distinctive
The signs that make up a trade mark must be capable of distinguishing the goods and services of one undertaking from those of another undertaking.
Your trade mark should be distinctive
Consumers should be able to recognise your sign for what it is, for example as an indication of origin. It should distinguish you from other companies in the marketplace so that you can protect and build your brand identity and value.
Your trade mark should not describe what you sell
Your trade mark should not monopolise a sign that merely describes the goods and/or services that you offer. Such signs should remain available for everybody: for you and your competitors.
The German trademark office examines the trade mark application for absolute grounds for refusal. Absolute grounds for refusal are for example:
- lack of distinctiveness
- descriptive terms that must be kept freely available for general use
- danger of deceiving the public
- an emblem of state included in the trade mark
- offence against public policy or accepted principles of morality
You should conduct a search
During the registration procedure, the German Trademark Office does not check whether another trade mark already exists that is identical or similar to your trade mark you have applied for. After registration of your trade mark, proprietors of earlier trade marks can file an opposition against your trade mark. That is why you should conduct a search before filing an application to find out whether your intended trade mark might infringe earlier rights.
Exclusive right of use
Upon registration of the trade mark, its proprietor acquires the exclusive right to use the trade mark for the protected goods and services and deal with the trade mark. Trade marks may anytime be sold and transferred by their proprietor. The proprietor of a trade mark may also grant another person the right to use their trade mark, as trade mark license.
We take care of it.
Our lawyers have years of experience and extensive know-how in trademark law and registrations (we have registered over 4000 marks so far). We ensure that the registration of your brand is durable and successful.
Support from trademark registration to enforcing your trademark rights
From trademark registration to competent legal advice in the area of trademark infringement and trademark licensing you can count on us.
We protect your intellectual property throughout Europe
Feel free to contact us if your intellectual property has to be reliably protected – we’ll take care of it.