FAQ2019-08-12T08:47:14+00:00

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Who will file my trademark application?2019-08-13T09:44:36+00:00

As of August 3, 2019, the United States Patent and Trademark (USPTO) now requires foreign domiciled applicants (read: non-US applicants) and registrants to appoint a US attorney on all US trademark filings and representations before TTAB. We work with a few trusted US attorneys so can file and take over your recently filed trademark applications. If you filed yourself, we can take over your application and appoint a US licensed attorney, at no cost to you.

Since this is how we always filed, our fees remained the same unlike many other firms that increased their fees following the introduction of this new rule.

In every country where we file, a licensed attorney or trademark agents submits your trademark application so that you get proper legal representation.

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When should I choose accelerated examination for German trademark?2019-08-13T08:12:58+00:00

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.

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 and EBC.

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?2019-08-12T16:32:36+00:00

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?2019-08-12T16:31:54+00:00

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?2019-08-12T16:31:18+00:00

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?2019-08-12T16:30:44+00:00

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?2019-08-12T16:30:10+00:00

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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Trademark Registration Process in Germany?2019-08-12T16:29:13+00:00

When a trademark application is filed, the German Trademark Office will review the application. Then an official receipt will be issued within a day and sent out by regular mail. The German trademark office will review the submission and registers the mark within 3 to 4 weeks if the German trademark offices see no problems with the trademark application. In accelerated trademark application proceedings, the registration will often happen within 2 to 3 weeks. Your trademark will then receive a registration number and be published for opposition purposes. The opposition period is 3 months. The German trademark stays registered during an opposition proceeding.

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Do you do a free trademark search in Germany?2019-08-12T16:28:37+00:00

We offer free identical trademark searches (order on our website).

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What is the trademark classification in Germany?2019-08-12T16:28:02+00:00

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?2019-08-12T16:27:34+00:00

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?2019-08-13T09:35:56+00:00

The fastest way to get a trademark registered for Brand Registry is to file a word mark (without logo) or a black/white logo in Germany using the accelerated examination option. It takes 3-7 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?2019-08-12T16:26:03+00:00

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?2019-08-12T16:23:26+00:00

If you are an Amazon seller and you urgently need a trademark for Amazon Brand Registry, then Germany is the best 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.

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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Who can use the registered mark symbol in India?2019-06-08T16:11:02+00:00

You can use ® symbol if your Indian trademark has registered. Using the symbol ® unless your trademark is registered in India is unlawful.

Using ™ symbol with your trademark means that you claim to be the owner of the trademark and that you use the trademark as a “source indicator”. You can use the  ™ symbol ™ in India on registered or unregistered trademarks.

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Do I have to use my trademark in India prior to filing? Is use after registration necessary?2019-06-08T16:09:47+00:00

No use is required for filing or registration. Indian trademark law allows one to file a trademark application in India on an ‘intent-to-use’ basis.

The owner of the registered trademark in India has to start using within 5 years and 3 months of the date of registration. If use in India has not started, the registered trademark may be challenged in invalidation proceedings.

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How long are Indian trademarks valid for?2019-06-08T16:02:49+00:00

A registered Indian 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 last names be registered in India?2019-06-08T16:00:56+00:00

Names or surnames cannot be used as a trademark in India if they do not possess a distinctive character.

Common names and surnames may not be registered as it may lead to confusion. However, is a surname is uncommon or very rare, it may be considered distinctive and registrable.

The biggest problem with registered a surname is that one cannot claim exclusive rights over it and cannot stop people who have the same surname from using it.

 

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On what grounds can a trademark be refused in India?2019-06-08T15:57:03+00:00

1. Absolute Grounds for Trademark Refusal in India:

  • Trademarks which are devoid of any distinctive character; that is to say, not capable of distinguishing the goods or services of one person from those of another person;
  • Trademarks which consist exclusively of marks or indications which may serve in a trade to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of goods or of rendering of services, or other characteristics of goods or services;
  • Trademarks which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade.

 

2. Relative Grounds for Trademark Refusal in India:

If identical trademarks are found or if similar trademarks are found (similar to Canada, US or Australia).

 

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What marks are not registrable as trademarks in India?2019-06-08T15:41:14+00:00

Some trademarks cannot be registered in India. Some common reasons when a trademark in India cannot be registered are:

  • If they lack distinctiveness and likely to cause deception or confusion;
  • If they are likely to hurt religious sentiments of any community;
  • If they contain any scandalous or obscene matter cannot be registered either;
  • Trademarks that are prohibited under the Emblems and Names Act, 1950;
  • Trademarks of shapes which are purely functional or necessary to obtain a technical result or which give substantial value to the goods.

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Trademark Registration Process in India?2019-06-08T15:28:15+00:00

When a trademark application is filed, the India Trademark Office will review the application. Then an official receipt will be issued.

TMO will review the submission and it usually takes about 1 month for the formality check review.

Your trademark will then go through a substantial examination, which will last about 4 months.

If everything goes smoothly, we will receive a preliminary publication notice within 6 months from the application date.

After a 4-month opposition period, the trademark will be approved for registration.

The whole process takes about 12 months in total.

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