Questions & Answers About German Trademarks

We include questions that we often hear. Do you still have questions? Call +1.226.246.2979 or LIVE CHAT with us for real-time support

What is a power of attorney? When do I need to sign a power of attorney?
A Power of Attorney, POA in short, is a legal document that authorizes an entity to represent or act for another person, usually, in the managing of the person’s property, business or private affairs. The former is called the Attorney or Agent whereas the latter is commonly known as the Principal. In Trademarks, a Power of Attorney is required to appoint an Attorney on your file so he/she can represent you before the respective Trademarks Office. Having said that, in many countries including the US, UK, Europe, Canada and Australia you don’t need to sign a POA for a standard trademark application (power of attorney is already implied when you entrusted your attorney/agent trademark registration). However, there are countries, such as, China, Mexico, Russia and India where a POA signed by the owner or any other person legally bound to the owner is required in order to file a trademark application. In the US, when an applicant wishes to replace its existing attorney and appoint a new attorney, it needs to sign a Power of Attorney authorizing the new attorney to prosecute the trademark application.
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When should I not file my trademark in Germany?
There are a few instances when trademark registration in Germany is not advisable or necessary:
  1. When a trademark search has not been done, you should not file your trademark in Germany.
  2. If you plan to file your trademark in the European Union, there is no need to file your trademark in Germany as well, as Germany is part of the EU. Please keep in mind, that an EU trademark registration will no longer protect you in the UK though.
  3. When you want to achieve protection in another country. Since trademarks are jurisdictional, a trademark in Germany will not be valid in the US or Canada.
  4. When you have a done a trademark search and found an identical or similar trademark. In this case, please consider changing the trademark name to avoid a trademark opposition.
  5. When your trademark is descriptive or generic, please do not file in Germany as it will be refused on absolute grounds.
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Why should I file my trademark in Germany?
Why should I file my trademark in Germany? if I could just file my trademark in the EU and obtain the same result? Trademark registration in Germany is at least twice as fast as in the European Union and is also less expensive. If you need a trademark for Amazon Brand Registry as quickly as possible, German trademark will be the fastest way to get brand registered on amazon.com  
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How can I achieve trademark protection in Germany?
There are two way of getting your trademark registered in Germany.
  1. File a trademark with a German Trademark Office, called DPMA.
  2. File a Trademark in the European Union, via European Union Intellectual Property Office, called EUIPO.
Trademark Angel can assist with both national German trademark registration and EU trademark registration.
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Do I have to use my trademark in Germany before or after registration?
Use prior to registration is not required in Germany. Trademark registration procedure in Germany from that in the US and statement of use is not required. To maintain a trademark registration in Germany, one must use the trademark within 5 years from the registration. If the trademark has not been used, without a very good reason, for five years or more, then the registration may be cancelled. You should also preserve evidence of your use of your trademark in case your trademark is ever challenged.
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Can a foreigner apply for a trademark in Germany?
Any natural person, partnership or company can apply for a trademark registration. However, a foreign applicant must be represented by a local German attorney. Trademark Angel provides proper legal representation all the way to trademark registration.
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Are multi-class trademark applications possible in Germany?
Yes, it’s possible to file a trademark application in multiple classes. In fact, we recommend to include 3 classes in your trademark application since German Trademark Office government fees allows you to include 3 classes without any extra cost. We also don’t charge extra for up to 3 classes.
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How does the process work with Trademark Angel? What happens after I buy a trademark package?

There are 3 ways how you can proceed:

  1. Book an initial phone call with us. Here is the link for the trademark package
  2. Ask for a free preliminary trademark search to get an idea of whether your trademark can be registered. This is a basic search but if your mark is unregistrable, we'll be able to tell you. Order your search here.
  3. Buy a trademark package right away to start the trademark registration process without further delay. You can see our pricing on this page and can buy directly from our website.

What happens after I buy a trademark package?

  1. We'll confirm your order.
  2. We'll check if your trademark is registrable. A comprehensive trademark search will be done at this stage. We will provide detailed recommendations on how to increase the chances of achieving registration if your trademark turns out to be problematic.
  3. If your trademark is registrable, we'll move forward with the trademark registration process.
  4. If your trademark has low chances of achieving registration, you will have 3 options:
  • Ask for a full refund;
  • Come up with a different name. We will provide detailed instructions for this. Further trademark searches are included in the package and there is no extra cost. We'll keep searching until we find a registrable trademark;
  • Proceed with the filing anyway.
The choice is yours. Make the first step now.
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When should I choose accelerated examination for German trademark?
If you are in a real hurry to get a trademark registration in Germany. If you need to get rid of hijackers on your Amazon listing on amazon.de. If you can't wait for longer than 3-4 weeks to get your trademark registered. If you need urgent access to Amazon Brand Registry. If you want to get access to Amazon Transparency Program. The fastest we ever got a trademark in Germany with accelerated examination was 10 days!
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Who can use the registered mark symbol in Germany?
You can use the encircled “R” symbol ® once your German trademark has been registered. Using the ™ symbol with your trademark means that you claim to be the proprietor of the trademark and that you use the trademark as a “source indicator”. You can use the ™ symbol in Germany on registered or unregistered trademarks. However, the encircled “R” symbol ® shows to everybody that you are the owner of a registered trademark.
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Do I have to use my trademark in Germany prior to filing?
No use is required for filing or registering a mark as a German trademark. There is a grace period of 5 years in which the registered trademark owner cannot be challenged for non-use. After the 5-years grace period has passed, the trademark owner may be challenged in an invalidation proceeding for the non-use of his/her trademark. The trademark owner wins such an invalidation proceeding if he/she has started using the trademark for the respective goods/services before the 5-years grace period has ended.
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How long are German trademarks valid for?
A registered German trademark is valid for 10 years and can be renewed every 10 years indefinitely. Unlike patents or copyrights, trademarks do not expire and just increase in value over time.
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Can surnames or names be registered in Germany?
Names or surnames can be registered as German trademarks, but, of course, they must possess a distinctive character. The biggest problem with a registered first name or surname is that one cannot claim exclusive rights over it and cannot stop people who have the same first name or surname from using their own names.
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What marks are not registrable as a trademark in Germany?
Absolute grounds for refusal The German Trademark Act lists some absolute grounds for the refusal of a trademark application. The following trademarks cannot be registered:
  • which are devoid of any distinctive character for the goods or services;
  • which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the services, or other characteristics of the goods or services;
  • which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade to designate the goods or services;
  • which are of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or services;
  • which are contrary to public policy or to accepted principles of morality;
  • which contain state coats of arms, state flags or other state symbols or coats of arms of a domestic locality or of a domestic municipal or other local authority association;
  • which contain official signs or hallmarks indicating control or warranty;
  • which contain coats of arms, flags or other signs, seals or designations of international intergovernmental organizations;
  • the use of which can evidently be prohibited in the public interest in accordance with other provisions.
Relative grounds for refusal
  • If identical or similar trademarks are registered in Germany or as an EU trademark or as an international trademark with protection in Germany.
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What is the Trademark Registration Process in Germany?
German Trademark registration process 1. TRADEMARK SEARCH Every trademark registration process should start with a trademark search,which can be ordered online on our website or by email. 2. TRADEMARK FILING: We will prepare and file your trademark application in Germany after you have approved it. 3. FILING RECEIPT ISSUED: When a trademark application is filed, the German Trademark Office will process the application. Then an official receipt will be issued within a day and sent out by regular mail. We'll scan it and send it to you for your records. 4. EXAMINATION: The German trademark office will review the application and if the mark is registrable, your trademark will register within 1-3 months. If we have filed your application with the accelerated examination request, the registration will often happen within 2 to 3 weeks. 5. REGISTRATION: Once your trademark registers, it will receive a registration number. You can use this registration number to apply to Amazon's Brand Registry. 6. PUBLICATION: After your mark is registered, it will be published for opposition purposes. The opposition period is 3 months. The German trademark stays registered during an opposition proceeding. If there are no oppositions, it will simply remain registered. If there is an opposition, we will inform you and you will decide if you want to defend it. 7. RENEWAL: Your trademark must be renewed every 10 years from the application date. You should also preserve evidence of your use of your trademark. Please note that your trademark must be put to use in Germany within five years of registration. If the trademark has not been used, without a very good reason, for five years or more, then the registration may be cancelled.
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Do you do a free trademark search in Germany?
We offer free identical trademark searches (order on our website).
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What is the trademark classification in Germany?
German trademark classification system is based on the NICE classification system (1-34 for products and 35-45 services).
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Is Germany a first-to-use or first-to-file country?
Germany is a “first-to-file” country, so it’s best to file your trademark in Germany as soon as you determined that you are going to need protection there. Ownership of a trademark is determined on a first-to-file basis.
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What is the fastest way to obtain a trademark for Brand Registry purposes?
The fastest guaranteed way to get a trademark registered for Brand Registry is to file a word mark (without logo) or a logo in Germany using the accelerated examination option. It takes up to 4 weeks with the accelerated examination option and about 2-3 months with regular examination. We always file electronically so this ensures the fastest processing of the trademark application. Also, in our experience, trademarks filed in a single class results in the quickest registration. Filing in the UK or the EU will also ensure a quick entry into Brand Registry (about 3.5-4 months).
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What is required in order to file a trademark application in Germany?
Entity Type (Company/Individual); The legal form of the company (examples: Ltd., LLC, LLP etc.); The full address of the applicant; The trademark name; If you are filing for a logo, a copy of the logo as a JPEG file; the logo can be in black/white or in color; The products which you sell or plan to sell under your trademark (provide a list – please be as specific as possible); The services which you offer or plan to offer under your trademark (provide a list – please be as specific as possible).
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Why should I consider registering my trademark in Germany?
If you are an Amazon seller and you urgently need a trademark for Amazon Brand Registry, then Germany is the best and quickest choice. Typically, trademarks are registered by the German trademark office within 3 to 4 weeks, in accelerated trademark application proceedings often in 2 to 3 weeks. Additionally, a registered German trademark will allow you to enroll into Amazon Transparency program.  In Amazon's own words "Transparency is a product serialization service that helps identify individual units and proactively prevent counterfeits from reaching customers. When you enroll in Transparency, Amazon scans your products to ensure that only authentic units are shipped to customers." Of course, filing in Germany is advisable as well if you sell your products in Germany or if you have a business in Germany.
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How long are trademarks valid for?
Trademarks can last forever if they are renewed on time. Keep in mind you will have to continue using your trademark to keep it in good standing. In the US, you must renew your trademark every 10 years. The 10 year term is counted from the registration date. In addition, between the 5th and 6th year after the registration date, you must file an "affidavit of use" to keep the registration alive. In European Union, Germany, the United Kingdom, India and Australia, you have to renew your trademark every 10 years. The 10 year term counts from the application date. In China, trademarks have to be renewed every 10 years. The renewal period is counted from the date of registration. In Canada, a trademark has to be renewed every 10 years (the renewal period was changed from 15 to 10 years in June of 2019). The 10 year term counts from the registration date.  
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