GERMANY

• Kinds of Trademarks registrable in GERMANY

  • Following indications may be used as Trademarks in Germany:

    1. Word Marks : are marks consisting of words, letters, numbers or other characters that can be typed or printed
    2. Figurative Marks: Figurative marks are pictures, graphical elements or images (without word elements)
    3. Figurative Marks, Combined Word & Figurative Marks : Combined word and figurative marks consist of a combination of word elements and graphical elements, or of words in a graphical style
    4. Three Dimensional Marks : Three-dimensional marks are objects consisting of a three-dimensional shape
    5. Sound Marks : Sound marks are acoustic, audible marks, that means sounds, jingles, melodies or other tunes or noises
    6. Tracer Marks : Tracer marks are less well known. They consist of coloured stripes or threads fastened to certain products.

    Other types of Marks : Other than the above types of marks.

    • Collective marks
    • Certification marks
    • Marks for non-commercial purposes
    • Service marks
    • Well Known marks
• Requisites for a Trademark to be registrable in GERMANY

  • Trademarks must contain the following essential requirements to be registrable in Germany:

    1. Distinctiveness
    2. Non-descriptiveness of the goods and / or services
    3. Not be a well known term in the line of business, trade channels of the applicant
    4. Not be same / similar / identical either visually and/or phonetically  to prior registered marks pending registration.
• Kinds of Trademarks not registrable in GERMANY

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Germany:

    1. Trademarks consisting exclusively of signs or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, value or geographical origin of the goods or services.
    2. Trademarks that indicate time of production of the goods or of rendering the services or other characteristics of the goods or services.
    3. Trademarks consisting exclusively of signs or indications customary to current language or in the established practices of the trade to designate the goods or services.
    4. Trademarks or signs contrary to law, public order, morality.
    5. Trademarks liable to deceive the public as to the nature, quality, geographic indication of goods or services.
    6. Trademarks containing or being similar to signs, seals, emblems, flags, maps and / or official insignia of national and international organisations and associations.
    7. Trademarks containing or bearing resemblance to another person or personal name or company name, logo, legal title, portrait, picture, protected copyright, photograph
    8. Proposed Trademarks being identical or similar to an earlier registered mark including well known marks
    9. Trademarks having a likelihood of confusion including a likelihood of association with an earlier registered trademark.

    TrademarkCopia through its associate Law Firms and Lawyers in Germany is at hand to help you with trademark registration and prosecution.

• Trademark Search in GERMANY

  • It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the German Trademark Office.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Germany.

    Searches can be carried out at the following databases:

    German Marks / Marks at the registered at the National Level

    • DPMA RegisterCommunity Marks
    • CTM onlineInternational Registrations
    •  ROMARIN
• Trademark Filing in GERMANY

  • Filing is done with the Trademark office of Germany.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA)
    6. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)
       (Vienna Agreement for figurative mark)

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in GERMANY

  • The German Trademark and Patent Office examines the applicant trademark application for absolute grounds for refusal.

    If the application complies with all the legal requirements and overcomes all the obstacles to registration, the German Patent and Trademarks Office enters the trademark on the register.

• Trademark Publication & Opposition in GERMANY

  • The German Trademark and Patent Office examines the applicant trademark application for absolute grounds for refusal. If the application complies with all the legal requirements and overcomes all the obstacles to registration, the German Patent and Trademarks Office enters the trademark on the register.

    The mark is then published in the electronic trademarks journal. After publication in the journal about the registration of the mark, notice of opposition if any must be filed in writing within 3 months. If there is no opposition, a certificate of registration issued.

    The mark is then published in the electronic trademarks journal. After publication in the journal about the registration of the mark, notice of opposition if any must be filed in writing within 3 months. If there is no opposition, a certificate of registration issued.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Germany can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in GERMANY

  • In Germany, once the mark is registered, the owner of the mark should use the mark and if a trademark is not used within 5yrs, it can cancelled subject to:- Request- Legal Action- Revocation

    The term of protection of a registered trademark starts on the application date and ends after 10 years, with renewals every 10 yrs.

    If the trademark is sought to be renewed regarding part of the registered goods and services, the same must be requested with the Patent and Trademarks Office specifically.Rights of Trademark Owners:

    Trademarks may be:

    • Exclusively used by the owners of the registered trademarks.
    • Transferred in whole or in part- Inherited
    • Assigned and licensed.
    • Mortgaged and creditors may seize such trademarks belonging to their debtors.
    • Licensed to natural or legal persons
    •  Prevented from unauthorized usage by third parties
    • The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in GERMANY

  • Post registration, it is very important to maintain and sustain the registration of the trademark. This can be done though trademark searches at regular intervals. Searches will provide the applicant with information on newly registered trademarks and will aid in initiating opposition, revocation and cancellation of marks in the event of infringement.

• Trademark Cost of Registration in GERMANY

  • Please write mail for the cost of registration of trademark in Germany or European Union to the mail address given below:

    contact@trademarkcopia.com