Germany

Legal basis is the Trademark Act of October 25th, 1994 (1994 (last amended October 19, 2013) and the Trademark Decree of May 11th, 2004 (last amended December 10, 2012). Germany is a member of the Madrid Agreement, the Madrid Protocol and the European Union. All trademarks protected in one part of Germany during the period of separation have been protected in the reunited country since May 1st, 1992.

Trademark registration classification:

Nice Classification

 Requirements:

  • The applicant’s name/ownership details and contact details. 
  • A representation of the trade mark.
  • List of goods/services according to the International Classification.
  • The submission of the Power of Attorney is not necessary.

Procedure:

  • A trademark application has to be filed before the Trademark Department of the German Patent and Trademark Office by a local agent
  • 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 publish it in the Official Gazette". The opposition period is 3 months from publication date of the application.
  • if no objection received, the German Patent and Trademark Office then issues the Certificate of Registration;
  • It takes approximately 6-9 months from first filing to registration. 

Duration and Renewal: A trademark registration in Germany is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

 

 Fee Structure
          
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