Germany Trademark Application
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Introduction

    Foreign company or individual can apply to register their marks in Germany without nationality restriction or residency requirement.

    Trademark application in Germany operates on a first-file-first-get basis, and can be based on an intent to use basis. No proof of use is required for the issuance of the trademark certificate.

    It is usually cheaper to apply for Community trademark registration instead of German national trademark, if the applicant has to register and maintain its trademark in Germany plus 2 more other EU countries. Community trademark registration covers Germany and 27 other EU countries in a single regional registration.

     

Fees

Our fee is HK$8,800 per mark for up to 3 classes. The fee is inclusive of both the government fee and professional fees. There is no additional fee for the publication, registration and issuance of the trademark certificate.

A single application can include up to THREE (3) classes of goods and services at no additional charge. If the applicant’s goods fall into more than 3 classes, the additional classes can be included in the same application at HK$3,600 per class.

Unless the application encounters objection, suggested amendment or opposition, there will not be any additional fee. In the event of any objection or suggested amendment by the examiner, the applicant has the choice of (1) continue to pursue for registration at additional fee according to the complication, or (2) abandon the pending application at no extra-cost. In the event of any opposition by third party, apart from our additional fees, the applicant or the opponent who loses or abandons will be liable to pay the limited legal fees of the other side.

 

Search

Prior to filing, the chance of success can assessed by having a search at the fee of HK$1,800 per mark per class. The search is inclusive of both identical and similarity search. Pre-application search report is available within 1 week of instruction.

Search is optional at the choice of the client. If the client’s mark consists of simple logo or common words found in dictionary, search is usually recommended. On the other hand, if the client’s mark is an invented word, or a complex logo, then the client may take a chance to file the application without search.

 

Timeframe

The application for trademark registration in Germany generally takes between 9 to 15 months to complete :-

Filing receipt and filing number
within 1 month
Application searchable in official website
within 1 month
Examination report
8 - 12 months
Opposition period after publication
3 months
Issuance of trademark certificate
2 - 3 months

Upon registration, a registered trademark is first valid for 10 years and is renewable indefinitely for further periods of 10 years each by paying the renewal fee.

 

Classification of Goods

Germany adopts the Nice Classification of Goods and Services. Multiple classes or product categories of the same mark can be included in one application. Specification (ie. description of goods and services) can either base on actual use or an honest intention to use the mark in Germany.

All types of goods and services on which the mark is currently used or honestly intended to be used should be listed as broadly as possible in the specification to cover the class or product category applying for in one exercise, since the specification can only be narrowed and not extended after filing.

Upon registration, the scope of the exclusive right granted by the registration is limited by the ambit of the specified goods and services.

 

Convention Priority

If the client has filed an application in another WTO or Paris Convention country within the last half year, then there is a choice of treating the effective filing date in Germany to be the same as the date of the earlier application.

Priority claim is usually made when the Germany application is part of a coordinated world-wide filing exercise, or when a search reveals that a recent application of a third party may be surpassed by the priority claim, or if the client is concerned about possible competing third party application in Germany at around the same time.

 

Details Required

1. Full name, address and nationality of the trademark applicant.
2. Selection of goods items and/or services items to form the specification.
3. Logo or stylized mark in .jpg format.

 

 

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