German trademark registration – applying for a German trademark

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German trademark registration – applying for a German trademark

A trademark is the individual name or other identifying feature of your

  • product,
  • service,
  • practice, or
  • company.

A German trademark – or DE trademark – is valid within the territory of the Federal Republic of Germany. You can thus take action against infringements throughout Germany and enforce the protection of your trademark

  • Although 73,633 DE trademarks were registered in 2019,
  • only around 5,000 international trademarks were registered.
  • The total number of registered DE trademarks is 830,319.
  • Registering your trademark gives you the right to prohibit competitors from using your trademark name.

We register your trademark. You focus on business.

German Trademark Registration

Contents

Andre Kraus, lawyer and founder of the  KRAUS GHENDLER RUVINSKIJ law firm, is your contact in matters of company formation, trade mark law, reputation protection and corporate law.

Apply online for a DE Trademark

You can apply for your  trademark directly online, reserve a free initial consultation online or send us a message.

Free initial consultation

You will receive a comprehensive free initial consultation on filing your DE trademark. During this consultation we will clarify your open questions and advise you on the most important basic topics of the trademark application or the costs and the procedure of the application.

Application for your DE trademark

We accompany you from the identity and similarity search, the examination of the reputation, the application for the  trademark at the DPMA up to the secure registration of the trademark in the trademark protection register.

Overview German trademark registration

You would like to register a DE trade mark to protect your company, your product or your service  and to create a corporate identity? Thanks to years of experience, we can answer all your questions about trademark registration professionally. We check whether the desired trademark already exists or whether there are similar  trademarks or risks of confusion that stand in the way of registration. Our extensive research ensures a legally secure registration.

Questions as:

“How do I apply for a DE trade mark?”,
“How much does the registration of the trade mark cost?” or
“Is a German trade mark suitable for me?”,

are answered comprehensively on this site.

German trademark registration – our packages

DE AnmeldungStart-Up

€359,–zzgl. € 68,21 USt.

  • Markenanmeldung ohne Zusatzleistungen.

  • Mehr Informationen
  • 💶 Bis zum 6.12.2024 bis zu 75% sparen mit dem KMU Fond 💶
  • Organisation und Durchführung
    • Begleitung Ihrer Anmeldung zur Wortmarke Wort-/Bildmarke in 3 Nizza Klassen
    • Erstellung W/D Verzeichnis nach aktueller Nizza-Klassifikation
    • Erstellung und Durchführung der elektronischen Anmeldung beim DPMA
    • Begleitung Amazon-Brand-Registry
  • Prüfung und Recherche
    • Schutzfähigkeitsgutachten "START-UP"
    • --
    • --
    • --
  • Markenrechtliche Rechtsdokumente
    • Markenanmeldung
    • W/D Verzeichnis
    • --
    • --
JETZT ONLINE MARKE ANMELDEN!
Online Termine reservieren
Oder Beauftragung herunterladen.

DE AnmeldungRechtssicher

€359,–zzgl. € 68,21 USt.

  • Markenanmeldung mit Identitätsrecherche.

  • Mehr Informationen
  • 💶 Bis zum 6.12.2024 bis zu 75% sparen mit dem KMU Fond 💶
  • Organisation und Durchführung
    • Begleitung Ihrer Anmeldung zur Wortmarke Wort-/Bildmarke in 3 Nizza Klassen
    • Erstellung W/D Verzeichnis nach aktueller Nizza-Klassifikation
    • Erstellung und Durchführung der elektronischen Anmeldung beim DPMA
    • Begleitung Amazon-Brand-Registry
  • Prüfung und Recherche
    • Schutzfähigkeitsgutachten "RECHTSSICHER"
    • Marken-Identitätsrecherche
    • --
    • --
  • Markenrechtlichte Rechtsdokumente
    • Markenanmeldung
    • W/D Verzeichnis
    • Antrag auf (teilweisen) Verlängerung der Marke
    • Antrag auf (teilweisen) Verzicht der Marke
    • --
    • --
    • --
JETZT ONLINE MARKE ANMELDEN!
Online Termine reservieren
Oder Beauftragung herunterladen.

DE AnmeldungPLUS

€179,–zzgl. € 34,01 USt.

  • Markenanmeldung mit Identitäts-, Ähnlichkeits-, und Firmennamenrecherche.

  • Mehr Informationen
  • 💶 Bis zum 6.12.2024 bis zu 75% sparen mit dem KMU Fond 💶
  • Organisation und Durchführung
    • Begleitung Ihrer Anmeldung zur Wortmarke Wort-/Bildmarke in 3 Nizza Klassen
    • Erstellung W/D Verzeichnis nach aktueller Nizza-Klassifikation
    • Erstellung und Durchführung der elektronischen Anmeldung beim DPMA
    • Begleitung Amazon-Brand-Registry
  • Prüfung und Recherche
    • Schutzfähigkeitsgutachten "PLUS"
    • Marken-Identitätsrecherche
    • Marken-Ähnlichkeitsrecherche
    • Firmennamen-Identitätsrecherche
  • Markenrechtliche Rechtsdokumente
    • Markenanmeldung
    • W/D Verzeichnis
    • Antrag auf (teilweisen) Verlängerung der Marke
    • Antrag auf (teilweisen) Verzicht der Marke
    • Anschreiben Verletzer - Einstellung markenrechtsverletzender Markennutzung und Drohung Anwalt
    • Lizenzierungsvertrag - Gestattung Markennutzung
JETZT ONLINE MARKE ANMELDEN!
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Oder Beauftragung herunterladen.

Hier finden Sie eine detailierte Auflistung.
Rückruf anfordern oder direkt anrufen: 0221 – 6777 00 55.

What is a German trademark?

Definition of the DE trademark

A trademark in the legal sense is primarily a distinctive sign. This can consist of letters (word mark), a graphic representation or logo (figurative mark) or a combination of both (word and figurative mark).

It serves to distinguish and highlight products or services. Customers and prospects should continuously associate your trademark with the image and quality of your products and services. It serves as a representative feature for the public. Through your trademark, you communicate with the outside world and convey your corporate values.

Applying to the DPMA

In principle, any person (whether natural or legal) can apply for a trademark in Germany. For this purpose, a request must be submitted to the DPMA (German Patent and Trademark Office). In general, the DPMA only superficially checks whether the trademark you have submitted has already been registered. Therefore, detailed research in advance is necessary to prevent future litigation. Through our comprehensive examination, we check whether your trademark already exists or whether there are similar or confusable competing trademarks that stand in the way of registration.

The process can be accelerated by using an online form to apply for a trademark. You can apply for a word, figurative or word and figurative mark.

Types of DE trademark

1. The word mark

A word mark may consist of a combination of letters and numbers. It need not be a coherent or pronounceable word. Only graphic representability with letters, numbers and special characters counts.

Word marks can only be registered in Germany if they are clearly distinguishable from marks already registered (Section 8(2)(1) MarkenG (German Trade Mark Act)). Furthermore, no general terms or generic names may be used.

2. The figurative mark

Figurative marks can be registered as trademarks in the form of a logo, product photo, label or other graphic elements. The entry can only be made if the graphic or logo has not already been assigned. A common problem is that trademark protection only extends to the relevant colour combination. Therefore, we recommend that you apply for your trademark as a black-and-white figurative mark.

3.  Word and figurative mark

A word and figurative mark is a combination of the first two variants, and is particularly distinctive. Not only is the registered combination of characters protected but also the layout of the lettering.

Well-known word and figurative marks include Coca-Cola and REWE.

Other trademarks

Beyond the classical categories of trademarks, there are special forms of trademarks that can also be applied for. This includes, for example:

  • the colour mark: The particular colour combination is protected (very difficult to apply for due to a lack of distinctiveness).
  • the sound mark: Consists of certain tones or melodies (for example, the Telekom jingle).
  • three-dimensional marks: A physical object that is so unique that it can be protected.
  • The olfactory mark: A certain smell or taste is protected.

Goods and services

If you want to apply for a trade mark, you should first consider which of your offered goods or services it should protect. But also keep in mind what business activities you are planning for the future, whether new goods are to be added that are also to be offered under the trade mark.

If certain goods or services are forgotten when registering the trade mark or not taken into account from the beginning, they cannot be registered later. Instead, you would have to re-register the trade mark by adding the additional/new goods or services.

But be careful: Only apply for future goods and services for which you really expect to use your trade mark within five years after filing the trade mark application! Otherwise you risk cancellation of the trade mark for lack of use.

Use of the trade mark

The actual use of the registered trade mark is of vital importance for trade mark protection. The trade mark owner must be able to prove the use. The details are regulated differently in the national trade mark laws.

In the EU, trade mark protection arises with the mere registration in the trade mark register. Use does not have to be proven. However, the owner must also seriously use such register marks for his goods or services within 5 years of registration. If he fails to do so, the trade mark registration can be cancelled for lack of use.

Use and proof of use

Use includes, for example, affixing the trade mark to goods and packaging offered for sale and put on the market or to advertisements for services.
Use may have to be proven for each product and service by means of documents, etc. Evidence of use may include, for example, price tags or business letters with the trade mark printed on them, photographs of goods packaging with the trade mark printed on them, advertising brochures and catalogues with the trade mark emblem or internet screenshots of sites on which the trade mark is used in advertising.

Consequences of missing or unverifiable use

If you cannot prove that you have used your trade mark, you may face serious problems no later than 5 years after registration.
If, for example, another market participant then wants to file a new application for an identical/similar trade mark, the owner of the older trade mark may have to furnish proof of use in order to be able to oppose the registration. If he fails to do so, the opposition will be rejected. The new identical trade mark of another party can be registered. The earlier trade mark can be cancelled.

German trade mark registration by a lawyer

✔ CHEAP✔ FAST✔ LEGALLY SECURE

Over

20000

checked cases

REGISTER ONLINE NOW
Download Documents
↪ or reserve a free initial consultation.

Open questions? – Just call us:

0221 – 6777 00 55

(Mo. – So. from 9am to 22pm / NATIONWIDE – German landline)

Objectives of applying for a DE trademark

  • 1. Objective: Corporate identity

    Creating a picture or word mark is often the first step in creating a corporate identity. A memorable name leaves a lasting impression on customers, partners or the public.

  • 2. Objective: Unique position on the market

    By registering your trademark in the trademark register you have a monopoly on the right to use your trademark in Germany. Without applying for a legally secure national DE trademark, you have no means to defend yourself against hostile takeovers of your market share or attempts at plagiarism.

  • 3. Objective: Legally compliant and convenient

    With us at your side, you can be sure that your trademark application in Germany will go off without a hitch. As an experienced corporate law firm, we can ensure the legal compliance of your trademark application.

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DE trademark application in eight steps – Procedure for DE trademark registration

Overview trademark registration

  1. Find trade name
  2. Eligibility check
  3. IIdentity and similarity searches
  4. Examination of protection based on reputation
  5. Drawing up a list of goods and services
  6. Applying for a German trademark
  7. Registering the trademark and objection period
  8. Trademark registration – 10-year trademark protection
Foto von Raphael Schorlemer

  • Step 1: Find trade name

    The first step is to develop a trade name. This is a creative process that should be aimed solely at your company’s marketing needs. We subsequently take over the legal control of your trademark.

  • Step 2: Eligibility check

    After a trade name has been created, we check that it is legally eligible to be registered. The focus here is on absolute grounds for refusal in accordance with Section 8(2) MarkenG.

    Step 2: Eligibility check

  • Step 3: Identity and similarity searches

    In the course of the dentity and similarity search, we check whether there could be a conflict with other trademarks at a later stage. To this end, we examine the trademark register for German trademarks that have already been registered. If there are existing DE trademarks that you may come into conflict with, we will look for alternative classes of goods and services to make registration possible in spite of this.

  • Step 4: Examination of protection based on reputation

    In the examination of protection based on reputation, we investigate possible legal conflicts with well-known and famous German trademarks that, although registered in other categories of goods and services, could lead to a collision due to their enormous reputation

    Step 4: Examination of protection based on reputation

  • Step 5: Drawing up a list of goods and services

    For legally secure trademark protection, your German trademark must be registered in the correct list of goods and services. This serves the purpose of differentiating it from similar trademarks in other industries. In so doing, we cover all classes of your products and services in order to ensure comprehensive trademark protection in accordance with Section 49(1) MarkenG.

  • Step 6: Applying for a German trademark

    After all legal checks have taken place, we will effectively apply for your DE trademark at the responsible DPMA.

    Step 6: Applying for a German trademark

  • Step 7: Registering the trademark and objection period

    Once the DE trademark application has been received by the trademark office, the authorities check whether there are any absolute grounds for refusal. If this is not the case, the DE trademark will be entered in the trademark register. There is a three-month objection period for owners of earlier trademarks. If no objection is filed, the German trademark is legally registered after the deadline has expired. In order to avoid objections, we carry out in-depth research before the application is filed to ensure smooth and fast registration for you.

  • Step 8: Trademark registration – 10-year trademark protection

    The German trademark is entered in the trademark register. You will then enjoy 10 years of trademark protection in Germany.

    Step 8: Trademark registration – 10-year trademark protection

Degression: Identity and similarity searches

A careful identity and similarity search is always recommended. Thus oppositions against trade mark registration as well as risks of trade mark infringement can be prevented in good time.

For initial orientation, you can carry out a search yourself in freely accessible databases. Afterwards, however, a professional identity and similarity search is generally recommended. If there are already identical or similar trade marks, the desired trade mark should be changed.

The costs for a trade mark search are considerably lower than the legal costs for trade mark infringement proceedings, which usually reach high five-digit amounts.

Scope of the search

The search should not only be based on your goods or services, but also on their allocation to the individual Nice Classes, so that no problematic trade marks are overlooked.

A professional trade mark search always puts goods and services of different classes in relation to each other, i.e. takes several classes into account.

The search in the individual classes involves some effort. If the goods are very similar but belong to different classes, it is often necessary to search all of them, even if you are planning to apply for or use the trade mark in only one of the two classes. Otherwise, it may well happen that identical trade marks exist in another class which oppose your own trade mark application.

German trade mark registration by a lawyer

✔ CHEAP✔ FAST✔ LEGALLY SECURE

Over

20000

checked cases

REGISTER ONLINE NOW
Download Documents
↪ or reserve a free initial consultation.

Open questions? – Just call us:

0221 – 6777 00 55

(Mo. – So. from 9am to 22pm / NATIONWIDE – German landline)

Advantages and disadvantages of the DE trademark

Advantages of applying for a DE trademark

  • INEXPENSIVE APPLICATION

    Applying for a trademark in Germany is relatively inexpensive. This is partly due to the less extensive investigation carried out at the DPMA, compared to the EUIPO, and partly due to the lower fees charged by the trademark office.

  • LOWER RISK OF DUNNING

    In comparison to the EU or international trademark, the reach of a German trademark is smaller. This means that the trademark can only be attacked by companies in Germany in the event of an unintentional infringement.

  • QUICK REGISTRATION

    Even though the search and preparatory work for a successful German trademark application is time-consuming, experience has shown that the formal application process at the DPMA can be completed more quickly

  • SENIORITY

    A German trademark is protected within German federal territory. However, if you are planning to expand beyond the country’s borders later on, the national trademark can offer you a good starting point. If a similar trademark exists in Europe, the earlier application date of the national German trademark comes into play (“seniority principle”). Therefore, when you apply for a DE trademark, you get “pending” European trademark protection. It is easy to convert a German trademark into an EU trademark, because the DE trademark is the basis of the EU trademark.

Disadvantages of applying for a DE trademark

  • NO TRADEMARK PROTECTION ABROAD

    The disadvantage of a national trademark is that your trademark is only protected at the national level. If you want to sell products and services abroad from the very beginning, you cannot enjoy protection. Likewise, competitors have the opportunity to copy your company or trademark abroad. However, the DE trademark represents an excellent starting point for a later EU trademark.

Duration of the DE trademark application

  • RESEARCH AND CHECKING – ONE TO FIVE WORKING DAYS ON AVERAGE

    In order to rule out the possibility that your desired trademark is ineligible for a trademark application due to absolute or relative protection obstacles, we conduct an identity and similarity search. About five working days are required for the identity and similarity search and the examination of eligibility for registration. In cases of particular urgency, the duration may often be reduced to 24 hours.

  • DRAWING UP A LIST OF GOODS AND SERVICES – TWO WORKING DAYS ON AVERAGE

    For a successful trademark application, it is necessary to create a well thought-out list of goods and services. We normally require two working days for this.

  • DE TRADEMARK REGISTRATION – ONE WORKING DAY ON AVERAGE

    After the list of goods and services has been released and the necessary legal preparation has been carried out, we can apply for your trademark at the DPMA. The application process usually can be completed within one working day. The receipt of the trademark application establishes the priority date.

  • TRADEMARK REGISTRATION – THREE TO SIX MONTHS

    In Germany, the DPMA takes an average of three months to register the trademark. During this period, the DPMA examines whether there are absolute grounds for refusal that would prevent the registration of a trademark. Thereafter, the trademark is deemed to be registered. However, a further revocation period of three months follows. Owners of earlier trademarks are given the opportunity to file an objection, for example on the basis of relative grounds for refusal.

  • TRADEMARK PROTECTION – 10 YEARS

    If the German trademark has been applied for and registered, it enjoys 10-year trademark protection. After the 10 years have expired, there is the option of renewing the DE trademark again.

The minimum duration of the application for a DE trademark is 4 days from the first telephone call until the application is filed with the trademark register. However, it usually takes about 3 to 6 months until the trademark is registered. This is due to the fact that the DPMA has to check the trademark for absolute grounds for refusal and a revocation period of 3 months is granted.

German trade mark registration by a lawyer

✔ CHEAP✔ FAST✔ LEGALLY SECURE

Over

20000

checked cases

REGISTER ONLINE NOW
Download Documents
↪ or reserve a free initial consultation.

Open questions? – Just call us:

0221 – 6777 00 55

(Mo. – So. from 9am to 22pm / NATIONWIDE – German landline)

Costs of applying for a German trademark

DescriptionNet costs
DE trademark applicationBasic DPMA fee for a DE trademark – application for unlimited number of goods and services within three classes included€290 electronic registration with signature
€300 normal registration
Application per classFrom the fourth class for each additional class100,- €
Accelerated examinationFee for an accelerated DPMA examination – particularly recommended when applying for an IR (International Registration of Marks) trademark to apply for a German basic trademark.200,- €
Trademark extensionBasic DPMA fee – extension of unlimited number of goods and services within three classes included750,- €
Extension per classEach additional class from the 4th class upwards260,- €

German trade mark registration by a lawyer

✔ CHEAP✔ FAST✔ LEGALLY SECURE

Over

20000

checked cases

REGISTER ONLINE NOW
Download Documents
↪ or reserve a free initial consultation.

Open questions? – Just call us:

0221 – 6777 00 55

(Mo. – So. from 9am to 22pm / NATIONWIDE – German landline)

Frequently asked questions

When applying for a trademark, clients often have in-depth questions

  • “How long does the registration process take?”
  • “Can I have a company name, logo or advertising slogan protected?” or
  • “What do the characters ®, TM and SM mean?”

Below you will find the most frequently asked questions and our answers about trademark registration.

If you pay the fees promptly and take important formal aspects into account, you will make a decisive contribution to accelerating the processing of your trademark application.

Names and logos can be protected as word marks, figurative marks or word and figurative marks, depending on their design. Since word marks may comprise several words, advertising slogans may in principle also be eligible for protection.

Trademark and design protection is possible.

A logo can be protected as a trademark and as a design, even at the same time.

The industrial property right(s) you would like to acquire for your logo depend(s) largely on its intended use.

Protection as a trademark

If you want to use the logo primarily to identify goods and/or services offered by your company, you should have the logo protected as a trademark.

Once you have applied for it, the DPMA will examine your trademark for eligibility. It is registered if there are no “absolute grounds for refusal” according to Section 8 MarkenG. An unusual, imaginative logo can help avoid obstacles to protection.

You can extend the protection period of the trademark indefinitely.

Protection as a design

A design protects the two- or three-dimensional appearance of a product. Its appearance is determined specifically by its lines, contours, colours, shape, texture, materials and ornamentation.

Your design must be new at the time of filing, i.e. no identical or only slightly different design may have been made available to the public before the filing date.

In addition, your design must be unique. To that end, the overall impression it makes must be different from any individual design that has been made available to the public.

In order to determine whether your design is new and unique, you should not only look at the designs already entered in the design register. Rather, you must also include in your comparison unregistered designs that have been published, exhibited or otherwise put on the market in such a way that they could have been known by the circles specialised in the product sector concerned.

Finally, you must also make sure that the rights of others, especially third-party copyrights, do not stand in the way of your design.

However, the DPMA does not examine the novelty and individual character of your design or any rights of others that may conflict with your design when the design is filed. Unlike a registered trademark, a registered design is therefore always an unexamined property right.

Only when a third party files a nullity application against your registered design or appeals for the nullity of your design in an infringement suit you are conducting against them will the novelty and individual character of your design or the rights of others be examined. If necessary, your design will then be deleted in the course of nullity proceedings or appeals for nullity.

Design protection is comparatively inexpensive and, unlike a trademark, offers protection independent of class of goods or services.

The initial term of protection of a registered design is five years. It can be extended in five-year steps up to a maximum total of 25 years.

Subject matter of protection, application strategy and search

Because trademarks and designs pursue different protection purposes, the object and scope of protection may differ.

If in doubt, you should discuss the application strategy you have in mind to protect your logo with a lawyer experienced in trademark and design law.

You will find tips on logo research under trademark search and design search.

Word marks are trademarks consisting of words, letters, numbers or other characters that can be represented by the usual typeface used by the DPMA (cf. Section 7 MarkenV (German Trade Mark Ordinance). In addition to all letters (upper or lower case) and numbers, the “Arial” typeface used by the DPMA also includes common characters such as ., ;, :, +, -, &, !, ?, @, ? (see the PDF document identifying characters for word marks). They are not graphically designed and are not coloured.

The object of protection of a word mark comprises only the chosen sequence of characters, including their representation in all common fonts in upper and lower case.

Thus, if the applicant applies for their sequence of characters to be registered in a particular typeface, colour, font arrangement or in combination with graphic elements, hence, a particular visual impression is important to them, the trademark in question is a word and figurative mark.

This includes the following variants in particular:

  • words and/or characters in a specific font (e.g. cursive, italic or bold),
  • the combination of letters, characters and graphic elements,
  • layout on more than one line, and
  • blocked written words (s p a c e s between the letters).

Figurative marks are two-dimensional designs, such as pictures and graphic elements without word mark components, such as letters. Non-Latin characters, such as Chinese characters, also constitute figurative marks. Figurative marks may be applied for in colour or in black.

The registration of a word or figurative mark does not indicate whether the sequence of characters contained therein is eligible for protection as a word mark. A sequence of characters that is not eligible for protection can be made eligible by a special graphic design. However, simple or common graphic designs or ornaments are usually not sufficient for this purpose. The more descriptive of the product the word is, the higher the demands on the graphics. However, no rights to prohibit the use of the word or figurative mark arise from word elements of a word or figurative mark that are not eligible for protection.

Unfortunately, it is not easy to give a “yes” or “no” answer to this question. Therefore, please note the following:

Applying for a black-and-white trademark leaves open the colour in which the trademark should appear. A black-and-white registration is therefore not limited to a specific colour design.

Whether a black-and-white mark can be used against a colour mark depends on the individual case. Assessing the scope of protection of a trademark is complex and depends on several factors.

Often a black-and-white mark will also enjoy protection against a colour mark. At the same time, the overall impression of a trademark may also be influenced by a particular colour scheme.

If in doubt, you should discuss specific questions about the rights you can derive from your trademark with a lawyer experienced in trademark law.

The DPMA does not check whether similar or identical trademarks have already been registered. Proprietors of earlier trademarks may be able to file objections after a trademark has been registered.

If the trademark is registered, the application procedure is usually completed within a few weeks or months. This may be delayed if further enquiries become necessary. If an objection to the trademark is made on the ground of ineligibility for protection, which entails refusal, the procedure takes longer.

Trademark protection begins when the trademark is entered in the register. The term of protection begins with the filing date and is initially 10 years. You can renew it for further periods of 10 years by paying the renewal fee.

If opposition is successfully filed against the trademark after it has been registered, it may be partially cancelled. It will also be deleted if, at the request of a third party, it is declared forfeit or null and void. Actions before the civil courts can also result in the trademark being cancelled. In addition, the trademark will be cancelled before the end of the 10 years if the trademark owner renounces it by a declaration of renunciation.

In contrast to a classical trademark, which distinguishes goods and/or services of a certain company from those of other companies (individual trademark), a collective trademark indicates the origin of a product from an association. It is used accordingly by the members of the association. The owner of the collective trademark is the respective association with legal capacity.

A certification mark indicates that the goods and services covered by it have certain independently guaranteed characteristics. The proprietor can therefore only be a natural or legal person who is not themselves a manufacturer or trader of the goods or provider of the services. The guaranteed product characteristics, conditions for the use of the trademark as well as information on testing and control measures are laid down in the certification mark statute.

The DPMA does not assign domains itself. However, a search for older trademarks may be useful as preparation for a domain application. In principle, domains can also be registered as trademarks (possibly at the same time). This is even often recommended, in order to better secure the domain. However, different requirements apply for registration as a trademark than for registration as a domain. Not every domain is eligible for protection as a trademark. Thus, elements such as “https://”, “www.”, “.de”, “.com”, etc. are usual descriptive components of internet addresses and cannot be included in trademarks. Therefore, only a second-level domain and/or subdomain that is eligible for protection can confer trademark protection on a domain as a whole. For example, as pure indicators of the subject matter of a website in the case of “motor vehicles”, “cabriolet.de” or “www.roadster.de” would be just as excluded from registration as the words “cabriolet” and “roadster” themselves. For this assessment, it is irrelevant whether the domain is registered for the trademark applicant or for a third party.

® is an indication that the item in question is a protected, registered trademark. This reference may be added when using the registered trademark. The references “TM” for “trademark” and “SM” for “service mark” are used in the American legal system for trademarks used in commercial transactions, even if they are not registered or cannot be protected.

You should first of all carefully examine whether the warning letter may be justified, i.e. whether you might actually be in breach of the trademark in question. A trademark right may be infringed if someone uses in the course of trade, without the consent of the proprietor of the trademark, a symbol identical to the trademark in relation to goods or services that are identical to those for which the trademark is registered. The same applies if someone uses a symbol identical or similar to the trademark for identical or similar goods or services, provided that the public is likely to confuse it with the trademark.

However, the owner of a trademark cannot, for example, prohibit anyone from using their own name or address. Nor can they prohibit someone from using a symbol identical or similar to the trademark to describe characteristics or properties of goods or services.

In order to check whether a warning notice is justified, which means taking numerous factors and legal aspects into account, you should carry out a trademark search and obtain expert advice. You should therefore consult an experienced lawyer in case of doubt. The DPMA itself may not provide any legal advice.

It is often also helpful to contact the person issuing the warning in order to clarify the matter in advance.

Yes, as the owner of a trademark you can grant third parties a right of use, a trademark licence, for your trademark.

Principles

  • Free initial legal consultation

    Free initial legal consultation on your trademark registration.

  • Quick and easy

    We take care of the formalities of your registration – You concentrate solely on your business. There is no waiting period or long processing time.

  • Legal security

    We fulfill the reservation of legal advice by a lawyer (§ 2 II RDG) and assume the full legal guarantee.

  • Price transparency

    We accompany you at a fixed price – without complex fees or indirectly allocated costs from intermediary portals.

  • Specialization

    Due to our concentration on certain core areas we offer you a particularly high level of expertise at a a relatively low fixed price.

  • Long-term perspective

    The consulting for your trademark registration is our investment in a long-term cooperation in the fields of corporate and consumer law.

Jetzt direkt Ihre deutsche Marke anmelden lassen!

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    • Deutsche Marke anmelden

    Kosten Markenanmeldung

    14 Juli 2019/1 Kommentar/in

    Sehr geehrte Damen und Herren, Ich möchte mich erkunden, was bei Ihnen eine Markenanmeldung inklusive Recherche kosten würde? Die Marke (Wortmarke) soll für eine Textilveredelung verwendet werden. Vertriebsgebiet wäre vorrangig Deutschland. Ich würde mich über eine zeitnahe Antwort freuen. Beste Grüße, Andre Heuer

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