The protection of trademarks in Germany falls under the regulations of the Trademark Act. Commercial designations and indications of geographical origin are also protected by the Trademark Act in Germany.
According to the Trademark Act, a trademark is any sign, word, number, letter, sound mark and three-dimensional designs employed to represent the goods or services of a German company and distinguish them from another company’s goods or services. Trademark protection occurs after the sign is registered with the Register of the Patent Office in Germany. Both companies and citizens in Germany are allowed to file a petition for trademark registration.
The registration of trademarks is made by submitting an application with the Patent Office in Germany. Additionally to the prescribed application form that must be filled out, the following information are also requested:
Our lawyers in Germany can conduct the trademark registration procedure thorough power of attorney.
Once all documents are submitted, the German Patent Office will examine the trademark application, if the application respects all legal requirements, if the fees have been paid and whether the applicant is entitled to register the trademark. If all requirements are met, the Patent Office will allow the registration of the trademark and then publish it in the Official Gazette. The trademark will remain published for three months, time in which anyone considering the registration may harm them can file an opposition to the registration of the German trademark.
If no one opposes the registration of the trademark, the Patent Office will register the trademark. The German Trademark Act grants a 10-year protection period. Upon expiry, the protection period may be renewed for another 10 years.
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