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

How does the process work with Trademark Angel? What happens after I buy a trademark package?2019-08-25T07:58:07+00:00

There are 3 ways how you can proceed:

  1. Book an initial phone call with us. Here is the link.
  2. Ask for a free preliminary trademark search to get an idea 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 how to increase 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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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).