Registration of trademark in Germany
Registration of trademarks, patents and other types of intellectual and commercial property in Germany is carried out by the Department for Trademarks and Patents (Das Deutsche Patent und Markenamt). The main office of the Department is in the city of Munich, and the branches are in Berlin and Jena.
Trademark registration process
It is necessary to prepare several documents, namely:
- Application in the prescribed form with information about the owner of the brand;
- Graphic representation of trademark;
- List of goods and services sold under this trademark in Germany.
If the applicant is not the resident of the republic, it is necessary to apply for assistance of the lawyer.
Registration period of the trademark in Germany ranges from six months to one year. Registration process starts with verification of the submitted application and examination of the trademark by special commission (regarding plagiarism and compliance with legislation) and completes with issuance of the certificate.
Registration is recorded in the state DPMAregister after publication of the trademark in the Journal of Trademarks (Markenblatt).
Presentation of trademark
Color or black and white graphic images (logos) and word marks are accepted for registering brand name in Germany, which can consist of proper names, words and word combinations, separate letters and numbers.
Reasons for refusal to register
The Department is entitled to refuse registration when there are similarities with other trademarks, state symbols were used, or there are abusive phrases in the name of the trademark. The trademark, which presentation may mislead the consumer, will not be registered.