Application form to register a trademark

By means of this application form you can apply for a registration of a trademark. Before we file a trademark application for you, you will have to provide us with the following information so that we can successfully register your trademark.

Are there any absolute grounds for refusal (lack of distinctive character, requirement for availability, descriptive character of the trademark) or other impediments for trademark registration (publication of the trademark)?

• Which goods and/or services are to be protected?
   
• What representation of the trademark you prefer (word mark, word-picture mark, picture mark or other)?
   
• What shall be the scope of protection of the trademark and what similar marks or services exist?
   

We have prepared a checklist to help you prepare the application. Should you have any further questions or remarks, do not hesitate to contact us. We shall contact you if we need any further information on your trademark.

After we receive your application form, we will take the necessary steps and assist you throughout the application and registration procedure before the Trademark Office. Of course we will confirm the receipt of your application.

Overview of Trademark Protection in Germany

Trademark protection in Germany is governed by the German Trademark Act (MarkenG) and the European Union Trade Mark Regulation (EUTMR) when dealing with EU-wide trademarks. The German Patent and Trademark Office (DPMA – Deutsches Patent- und Markenamt) is responsible for national trademark registration, while the European Union Intellectual Property Office (EUIPO) manages EU trademarks.

1. Types of Trademarks in Germany

a) National Trademarks (DPMA)

Trademarks registered with the DPMA provide protection within Germany only. They include:

• Word Marks (e.g., "Audi", "Siemens")
• Figurative Marks (logos, symbols)
• Word & Figurative Marks (combination of words and graphics)
• Three-Dimensional Marks (product shape, e.g., Toblerone packaging)
• Sound Marks (distinctive jingles or sounds)
• Position Marks (specific placement of a sign on a product)
• Color Marks (e.g., Telekom’s magenta)
• Motion Marks (animated logos)
• Hologram Marks (holographic brand representations)

b) European Union Trade Mark (EUTM)

Filed with the EUIPO, this grants EU-wide protection, offering a cost-effective alternative to multiple national registrations.

c) International Trademarks (Madrid System)

Germany is a party to the Madrid Protocol, allowing trademarks to be extended to multiple countries via the World Intellectual Property Organization (WIPO).

2. Trademark Registration Process in Germany

Trademark Search(optional but highly recommended)

• Searches in the DPMA register, EUIPO, and WIPO databases to check for existing similar marks.
• Helps avoid conflicts and oppositions.

Filing the Trademark Application

• Online via the DPMA or by submitting a paper form.
• Fees: €300 (standard online filing), €290 (electronic), additional €100 per extra class beyond three.

Examination by DPMA

• Checks for absolute grounds for refusal (e.g., lack of distinctiveness, descriptive terms).
• No examination for relative grounds (conflicting earlier rights must be enforced by third parties).

Publication and Opposition Period

• Once accepted, the mark is published in the Trademark Gazette (Markenblatt).
• Third parties can file an opposition within three months based on earlier rights.

Trademark Registration & Protection Duration

• If no opposition succeeds, the trademark is registered and valid for 10 years (renewable indefinitely).

3. Enforcement and Legal Remedies

If a trademark is infringed, the owner has several legal remedies:

a) Opposition Proceedings (before DPMA)

• Within three months of publication, third parties can file an opposition based on earlier trademarks.

b) Cease and Desist Letters (Abmahnung)

• A formal warning letter demanding that the infringer stop using the mark.
• Usually includes a penalized cease-and-desist declaration (Unterlassungserklärung).

c) Civil Lawsuits (Injunction & Damages)

• Trademark owners can sue before German civil courts.
• Remedies include:
• Injunctions (to stop further infringement).
• Destruction of infringing goods.
• Compensation claims (loss of profits, damages).
• Publication of judgment.

d) Customs Seizure

• Trademark owners can apply for border seizure measures at German and EU customs.
• Authorities seize counterfeit goods entering Germany.

e) Criminal Proceedings

• In serious cases (e.g., large-scale counterfeiting), infringers may face criminal prosecution under German law.

4. Role of German Trademark Agents (Markenanwälte & IP Professionals)

Trademark agents in Germany (attorneys or IP professionals) assist with:

a) Pre-Filing Strategy & Trademark Search

• Conducting availability searches to minimize risks of rejection or opposition.
• Advising on distinctiveness and registrability.

b) Trademark Filing & Prosecution

• Preparing and submitting applications at DPMA, EUIPO, or via WIPO.
• Handling official correspondence with DPMA/EUIPO.
• Responding to office actions and refusals.

c) Opposition and Cancellation Proceedings

• Filing oppositions against conflicting marks.
• Defending against third-party challenges.

d) Enforcement & Litigation Support

• Sending cease-and-desist letters.
• Negotiating settlements.
• Representing clients in court proceedings.

e) Trademark Portfolio Management

• Monitoring trademarks for potential infringements.
• Handling renewals and assignments.

5. Conclusion

Trademark protection in Germany offers a strong legal framework for businesses and individuals. German trademark agents play a crucial role in navigating registrations, disputes, and enforcement actions to safeguard brands. Proper legal support ensures effective protection and maximizes brand value in a competitive market.