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.

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.

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.

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.

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.

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

German trademark classification system is based on the NICE classification system (1-34 for products and 35-45 services).

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.

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).