Trademarks in Germany

Competent Authority & System

Official Authority: German Patent and Trade Mark Office / Deutsches Patent- und Markenamt (DPMA).

Official Language: German (All official correspondence, specifications, and proceedings must be conducted in German).

System: National IP system. As an EU Member State, protection in Germany can also be obtained via European Union Trademarks (EUTM) administered by EUIPO.

International Treaties

Madrid System: Member of both the Madrid Agreement and the Madrid Protocol. Germany can be designated in international applications via WIPO.

Paris Convention: Member state; convention priority can be claimed within 6 months from the initial priority filing date.

Applicant & Representation Requirements

Entitlement: Both natural persons and legal entities (domestic or foreign) are eligible to apply.

Representation for Foreign Applicants: Non-resident applicants without a domicile, seat, or real commercial establishment in Germany must be represented by an authorized representative (Patentanwalt) or advocate (Rechtsanwalt) admitted to practice in Germany.

Power of Attorney (POA): A simple signed Power of Attorney is accepted. Notarization or Legalization/Apostille is not required. In practice, local representatives do not routinely submit POAs unless specifically ordered by the DPMA during formal objections or contested proceedings.

Online Services & Database

E-Filing: Electronic application filing is fully available via DPMA’s digital portal (DPMAdirektWeb / DPMAdirektPro).

Free Trademark Search Database: Public searches are accessible free of charge via the official DPMAregister portal (register.dpma.de), as well as TMview, EUIPO eSearch plus, and the WIPO Global Brand Database.

Registrable Mark Types

Types: Words, figurative/logos, combined signs, 3D shapes/packaging, color marks (single colors or color combinations), sound (audio files or score notation), motion, multimedia, pattern, position, and holograms capable of clear visual or digital representation in the register.

Foreign Characters & Translation: Applications with non-Latin scripts or foreign terms must include a transliteration into the Latin alphabet and a translation into German.

Classification Framework

Nice Classification: Uses the active edition of the Nice Classification.

Multi-class Filings: Permitted under a single application.

Base Class Inclusion: The basic national filing fee covers up to 3 classes.

Class Headings: Accepted, provided they comply with standard EU common practice (IP TRANSLATED principles) for clarity and precision.

Examination Process

Examination Scope:

Formal & Absolute Grounds: Examined ex officio by the DPMA (distinctiveness, descriptiveness, genericness, deceptive signs, public order/morality).

Relative Grounds: The DPMA does not evaluate or refuse applications on relative grounds (prior conflicting rights). Protection against confusingly similar prior marks is enforced solely through third-party opposition proceedings or post-grant cancellation.

Office Action Deadlines: Response to formal deficiency notices or provisional refusals on absolute grounds is typically required within 1 to 2 months from official notification.

Publication & Opposition

Opposition Window: 3 months starting from the publication date of the registration in the official Trade Mark Journal (Markenblatt).

Standing: Owners of earlier registered German trademarks, pending applications with earlier priority, EUTMs, international registrations designating Germany/EU, well-known marks under Article 6bis of the Paris Convention, or commercial designations (Geschäftliche Bezeichnungen). Opponents may be requested by the applicant to provide proof of genuine use if the prior mark has been registered for more than 5 years.

Timeline & Expedited Examination

Average Timeframe: Approximately 3 to 5 months from filing to registration in smooth cases.

Accelerated Examination: Fast-track examination (Beschleunigte Prüfung) is available upon request and payment of an official urgency fee of €200, reducing the examination window to approximately 6 months total through registration and publication.

Official Fees

Official statutory fees at the DPMA:

Base Application Fee (E-Filing - covers up to 3 Classes): €290.

Base Application Fee (Paper Filing - covers up to 3 Classes): €300.

Additional Class Fee (From 4th Class onward): €100 per additional class.

Accelerated Examination Fee: €200.

Official Opposition Fee: €250 base fee (for one opposing mark) + €50 per additional opposing sign.

Standard Renewal Fee (Covers up to 3 Classes): €750.

Renewal Fee - Additional Class (From 4th Class onward): €260 per class.

Duration & Renewal

Validity Period: 10 years calculated from the filing date.

Renewal Duration: Renewable indefinitely for consecutive 10-year terms. Renewal fees are due 6 months prior to expiration.

Grace Period: A 6-month grace period post-expiration is allowed for late renewal, subject to an official late payment surcharge.

Use Requirements & Priority System

Priority System: First-to-file system (though prior unregistered rights can acquire protection if established as well-known or possessing commercial market recognition).

Non-Use Cancellation: A registered trademark becomes subject to revocation (Verfall) on non-use grounds if it is not put to genuine commercial use in Germany for a continuous period of 5 years post-registration.

Declaration of Use: No periodic maintenance declarations or affidavits of use are required during routine renewals.

Post-Registration Transactions

Recordals: Rights assignments, licensing agreements, pledges, and changes of corporate details (name/address) must be officially registered in the Register at the DPMA to be effective against third parties.

Legal Remedies & Enforcement

Cancellation & Invalidity: Non-use revocation actions (Verfall) and absolute/relative invalidity claims (Nichtigkeit) can be filed administratively with the DPMA or brought before the competent civil courts (Landgerichte). Appeals from DPMA decisions are heard by the Federal Patent Court (Bundespatentgericht).

Customs Enforcement: Brand owners can submit border detention applications (Grenzbeschlagnahme) with German Customs (Zoll) or via EU Customs Regulation (EU) No 608/2013 to intercept counterfeit or infringing goods at German ports and airports.

Country-Specific Risks & Practical Insights

Post-Registration Opposition Framework: The DPMA registers and publishes trademarks before the 3-month opposition period begins. If an opposition is successful, the mark is canceled retroactively.

Cost Advantage of 3 Classes: The standard base filing fee (€290 online) includes up to 3 classes, allowing applicants to optimize multi-class protection without per-class surcharges up to the 3rd class.

No Ex Officio Relative Grounds Refusal: The DPMA evaluates absolute grounds only. Watch services are crucial to detect confusingly similar filings during the 3-month opposition window following registration publication.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.

Germany is also covered by the EU trade mark, which protects a mark in all EU member countries with one filing. See regional systems.