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Trademarks in Germany

The registration of a national trademark valid only in Germany must be carried out at the German Patent and Trademark Office (DPMA).

Think Big

The sole registration of a purely German trademark makes sense for very few companies. Anyone who does not operate exclusively locally must think bigger.

For example, for an operator of a German-language webshop, not only Germany but also the significantly more financially strong Switzerland is relevant. Even small Austria increases the market by 10% – who wants to voluntarily forego this increase? In addition, there are large German-speaking areas in France, Italy, Luxembourg, the Netherlands and Belgium. An EU Union trademark in combination with an IR trademark for Switzerland would therefore make significantly more sense than a purely German trademark.

Conversely, a national German trademark can also make sense as additional protection for globally operating brands. If only a Union trademark exists and it is lost, then the trademark protection is completely forfeited. If, on the other hand, national trademarks also exist, then, depending on the scenario, only the protection in one state is lost. However, as a rule, only very financially strong companies can afford this security.

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Trademark Protection Act

The legal basis for the national trademark in Germany is laid down in the Trademark Protection Act.

Proceedings before the DPMA

The application for registration of a national trademark in Germany must be submitted directly to the German Patent and Trademark Office (DPMA).

In the first step, the German Patent and Trademark Office subjects the application to a formal examination and an examination of legality. If all registration requirements are met, the trademark is entered in the German Trademark Register.

Thereafter, the three-month opposition period begins, during which owners of earlier rights can very easily file an opposition against the new trademark and request the retroactive cancellation of the registration. In the event of an opposition being filed, independent opposition proceedings will be conducted.

However, the opposition is not the only option for owners of earlier rights to take action against a new trademark. Even years after registration, owners of earlier rights can still sue for cancellation of a trademark.

The apparent feeling of success “Registration of the trademark” therefore protects neither against an opposition nor against a cancellation action. The reason for this is simple: The most important question, namely whether the trademark infringes earlier rights, is not examined by the patent office before registration.

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Term of Protection

The protection of a national Austrian trademark is valid for a period of 10 years and can be extended indefinitely for further 10-year periods by paying the renewal fee.

Fees

The fees depend on the number of classes to be registered and the chosen procedure.

Legal Fees

Our costs for the trademark search and legal representation in the trademark application depend on the complexity of the trademark application. For example, a trademark application may also raise questions under competition law, which must also be examined.

Advantages of National Registration

The main advantage of the national trademark application is also its biggest disadvantage: the geographically very limited scope of protection. While a Union trademark has the trademarks of all national trademark registers of all EU states as “opponents”, trademarks in other national trademark registers are not a problem for a purely national German trademark.

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Alternative: EU Union Trademark

If trademark protection is sought in several EU countries, then a Union trademark is an interesting alternative to national trademarks. The national trademarks offer more security because, in contrast to the Union trademark, they are not affected by other national trademarks in foreign trademark registers. In terms of price, however, the Union trademark is significantly cheaper from the third EU state onwards.

Small companies therefore usually choose the Union trademark for cost reasons.

Alternative: International IR Trademark

For non-Austrians, it is often easier to register an international IR trademark with a scope of application in Germany instead of a national German trademark.

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