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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