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Graf v. Westphalen
Frankfurt am Main, Germany (DE)

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Harmsen Utescher
Hamburg, Germany (DE)

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Germany (DE)

Sep 14, 2023 (Newsletter Issue 7/23)
Revised Guidelines for Opposition Proceedings in Force
The Guidelines for Opposition Proceedings Under Trade Mark Law (Richtlinie für das markenrechtliche Widerspruchsverfahren) have been revised, implementing in particular extensive legal amendments, such as, most recently, the ones made by the Trade Mark Law Modernisation Act (Markenrechtsmodernisierungsgesetz). In addition, the Guidelines take into account and reflect the continuing development of court decisions on fundamental questions.

The revised version of the Guidelines for Opposition Proceedings Under Trade Mark Law entered into force on 13 September 2023. They are addressed to parties to proceedings, the IP community and the trade mark sections of the German Patent and Trade Mark Office.

The text of the Guidelines can be accessed here.


Source: www.dpma.de

Jun 02, 2022 (Newsletter Issue 7/22)
Agreement between CH and DE on Reciprocal Protection for Patents, Designs and Trademarks Terminated
By notices dated 30 April and 29 December 2021, Germany terminated the Agreement of 13 April 1892 between Switzerland and Germany on Reciprocal Protection for Patents, Designs and Trade Marks (SR 0.232.149.136).

This decision follows a judgment by the Court of Justice of the European Union dated 22 October 2020 (joined cases C-720/18 and C-721/18), in which the court ruled that the above agreement was incompatible with European law ([EU] Directive on trademarks). The communication of this termination was published on 9 March 2022 in the Official Compilation of Federal Legislation (AS 2022 156), and became effective on 31 May 2022.

For more information, please see here


Source: www.ige.ch; www.fedlex.admin.ch; K&P Patentanwaltsgesellschaft mbH, Germany

Jun 03, 2021 (Newsletter Issue 11/21)
New e-Functions to Prepare Lists of Goods and Services
On May 17, 2021, the German Patent and Trade Mark Office (DPMA) informed that new functions to prepare lists of goods and services are available to trademark applicants when filing electronically. The terms of goods and services available in a basket in DPMAdirektWeb are now sorted by topic, which creates and shows the links between the generic terms and the individual terms assigned to them. This allows a specific search for groups of goods and services, and it makes clear that a number of goods and services can be claimed with a few generic terms.

Detailed and useful information on how to use the new functions for the preparation of the lists of goods and services is available in the “WDVZ” section of DPMAdirektWeb


Source: www.dpma.de

May 14, 2020 (Newsletter Issue 7/20)
Administrative Invalidity and Revocation Proceedings Possible Now
On April 29, 2020, the German Patent and Trade Mark Office (DPMA) informs that the second part of the Trade Mark Law Modernisation Act entered into force. Invalidity and revocation proceedings are now possible at the DPMA which previously had to be handled exclusively by the courts.

As from May 1, 2020, holders of the earlier rights referred to in sections 9 to 13 of the Trade Mark Act may also have invalidity proceedings conducted directly at the DPMA. The application may also be based on several earlier rights (section 51 (1) of the Trade Mark Act). However, a declaration of invalidity on the basis of conflicting earlier rights is excluded in certain cases – for example, if the holder of the earlier rights has acquiesced in the use of the later trade mark or if he has not put to use his own trade mark (section 51 (2) and (4), sentence 1 no. 1 of the Trade Mark Act). If the proprietor of the challenged trademark objects to the application for a declaration of invalidity within a period of two months, invalidity proceedings will be conducted. If he does not object to the application, his trademark will be declared invalid and cancelled.

As from May 1, 2020, revocation proceedings, too, can be conducted fully at the DPMA. Upon request, registered trademarks will be revoked and cancelled if they have not been put to use within a period of five years, if they have become of such a nature as to deceive the public or if the proprietor no longer fulfils the requirements of section 7 of the Trade Mark Act. There are further grounds for revocation for collective marks and certification marks.

More information can be seen here


Source: www.dpma.de

Mar 05, 2020 (Newsletter Issue 3/20)
Requirements of Readable Types of Data Carriers
The DPMA informs about the requirements of the readable types of data carriers and the formats for the representation of trademarks (Sec. 6a Trade Mark Ordinance [Markenverordnung]).

The representations of trademarks which are filed via, or on a data carrier as an attachment to a paper-based application must fulfil certain Standards. Some of them are the following:
- Readable with no viruses or other malicious software
- Stored as a file on the root directory
- Maximum length of the file names is 32 characters
- Types of data carriers are CD-R, CD-RW, DVD-R, DVD+R, DVD-RW, DVD+RW

The file formats accepted depend on the type of trademark and the requirements for its appropriate representation. For some types of trademarks, only one file format is possible, for others the applicant may choose between several file formats. The following file formats are available for the individual types of trademarks:
- JPEG for all types of trademarks except for word marks and multimedia marks
- MP3 for sound marks and other types of trademarks
- MP4 for motion marks, multimedia marks, hologram marks and other types of trademarks
- JPEG, OBJ, STL, X3D for three-dimensional marks

It should be noted that the overall size of the files submitted on a data carrier, such as the representation of a trademark and any further attachments to the application form, must not exceed 20MB for a maximum of 20 files.

For more information, please click here


Source: www.dpma.de

Oct 10, 2019 (Newsletter Issue 14/19)
Notification on Recording of a License in the International Register
On August 8, 2019, the Office of Germany withdrew, with immediate effect, the notification made under Rule 20bis(6)(a) of the Common Regulations.

Consequently, as from that date, the recording in the International Register of a license granted in respect of Germany relating to an international registration of a mark has the same effect as if it had been made directly in the national Register of the Office of this Contracting Party.

For further information, please check Information Notice No. 55/2019 here


Source: www.wipo.int

Jun 20, 2019 (Newsletter Issue 8/19)
New Trade Secrets Act in Force
Germany has adopted a New Trade Secrets Act, which came into force on April 26, 2019. The Act implements the European Directive on the Protection of Trade Secrets (2016/943/EU) which aims to achieve a uniform level of protection for know-how and confidential information across Europe.

The most important changes are the following:

Stricter concept of trade secret protection:
Now trade secret holders will have to prove that the trade secrets had been subject to ‘reasonable steps’ to keep them secret and that the holder has a legitimate interest in keeping them secret.

Improved confidentiality protection in court proceedings:
The new Act introduces options to ensure that confidentiality is maintained in court cases.

Comprehensive set of rights to enforce trade secrets:
The new Act provides trade secrets holders with comprehensive rights to act against infringers.

For more information on organisational, technical and legal steps, please click here


Source: www.freshfields.com

Jun 06, 2019 (Newsletter Issue 7/19)
Guidelines on Trademark Examination and Register Keeping Published
On May 17, 2019, the German Patent and Trade Mark Office published the guidelines for the examination of trademark applications and for keeping the register (Trade Mark Applications Guidelines).

The guidelines were brought into line with the legal situation resulting from the Trade Mark Law Modernisation Act with effect from May 1, 2019.

The guidelines (currently in German) is available here


Source: www.dpma.de

Apr 24, 2019
IP Office Will Not Accept Division or Merger Requests of Intl. Registration
Germany has notified WIPO in accordance with new Rules 27ter(2)(b) and 40(6) of the Common Regulations, which entered into force on February 1, 2019.

According to the said notification:
- new Rule 27bis(1) of the Common Regulations, providing for the possibility to file a request for division, is not compatible with the law of the Contracting Party and does not apply to it; and,
- the law of the Contracting Party does not provide for the merger of registrations of a mark.

As a result, the Office will not present to WIPO requests for the division of an international registration under new Rule 27bis(1) nor requests for the merger of international registrations resulting from division under new Rule 27ter(2)(a).

For further information, please refer to here


Source: www.wipo.int

Jan 31, 2019 (Newsletter Issue 1/19)
German Trademark Law Changed
The German Patent and Trade Mark Office (DPMA) informed that the Trade Mark Law Modernization Act (MaMoG) entered into force on January 14, 2019. The Act contains revisions whose aim is to mainly transfer the provisions of EU Trade Mark Directive 2015/2436 of 16 December 2015 into German law. Most changes will have an immediate effect, while the changes regarding cancellation proceedings, renamed “revocation or invalidity proceedings” will be effective as of May 1, 2020.

Important changes are the following:

- Requirement of graphical representation of trademarks abandoned
- Certification marks introduced
- New absolute grounds for refusal (Geographical Indications, Designations of Origin, Plant Variety Rights, Traditional Terms for wine and specialities)
- Term of protection and Renewal due date changed
- Reclassification abolished
- Various changes in opposition proceedings
- Registrability of Licenses
- Cancellation proceedings renamed revocation or invalidity proceedings

For more information, please check the DPMA's website and the article of our Country Index partner JONAS Law Firm from Germany

Please note that the amendments have been included and the German survey has been updated thanks to our contributors Klinger & Kollegen and Heissner & Struck Rechtsanwälte, Germany.


Source: www.dpma.de

Sep 20, 2018 (Newsletter Issue 16/18)
Guideline on Trademark Applications/Keeping Registering Revised
The German Patent and Trade Mark Office (DPMA) informs that the guideline for the examination of trademark applications and the keeping of the register (guideline on trademark applications) has been thoroughly revised and entered into force in its new version on August 1, 2018.

It will replace the guidelines for the examination of trademark applications of June 13, 2005 (Blatt für Patent-, Muster- und Zeichenwesen 2005, p. 245 et seqq.) in the version of December 15, 2009.

The guideline on trademark applications aims to ensure a uniform and speedy examination of trademark applications and register matters.

The new version of the guideline can be accessed here (in German only).


Source: www.dpma.de

Jun 14, 2018 (Newsletter Issue 11/18)
Draft Act on Implementation of Trade Secrets Directive
The EU Trade Secrets Directive, officially titled “Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure” (the “TSD”), is a legal instrument by the European Union (EU) that is intended to harmonize the currently fragmented laws regarding trade secrets across the EU Member States. While the TSD does not have direct legal effect, each of the Member States is required to transpose the TSD into its respective national laws by June 9, 2018.

On April 19, 2018, Germany has officially published its first draft bill on a new trade secrets act, which is now subject to public consultation and anticipated to be passed in the fall. The German draft bill aims at implementing the TSD at the so-called “minimum harmonization” level and does make much use of the right of the Member States to go beyond such minimum provided by the TSD.

Key aspects of the draft bill:
- Brings the definition of trade secrets to an international standard by switching from the fairly subjective approach that is currently in effect to a more objective approach, which will require trade secrets holders to implement reasonable measures to protect their trade secrets, akin to the concept known under TRIPS (The Agreement on Trade-Related Aspects of Intellectual Property Rights);
- Does away with existing restrictions by codifying commonly accepted permitted uses of trade secrets, e.g., in the context of reverse engineering or whistleblowing;
- Fundamentally improves the rights of trade secrets holders in litigation by introducing more practical measures to ensure secrecy of certain information in litigation, hopefully helping to overcome Germany’s reputation as a “lose the trial or lose the trade secret” jurisdiction; and
- On the remedy side, adds clarity on certain civil remedies like the right to request destruction and recall of infringing products, but, on the other hand, provides for exceptions that may pave the way for the grant of compulsory licenses in certain scenarios; misappropriation of trade secrets remains a criminal offence under German law, however.

For further detailed information, please check here


Source: www.mofo.com

Jan 30, 2018 (Newsletter Issue 2/18)
Notice on Informational Letters Before Trademark Duration Ends
The German Patent and Trademark Office (DPMA) published a notice of the change in practice, according to which information letters are sent to owners who have not renewed their trademarks.

Up to now, the information letters have been sent 3.5 months after the end of trademark protection if the trademark had not been renewed at that time. With immediate effect, the Office will now inform the trademark proprietor earlier by sending information letters at least six months before the end of the trademark term. The adaptation will take place in several steps and should be completed by the end of 2018.

The DPMA points out that this is a service provided by the Office without any legal obligations. However, proprietors of trademarks are obliged to notify the Office of changes in the service address and the payment of the renewal fee.

Source: www.dpma.de


Jan 30, 2018 (Newsletter Issue 2/18)
New E-Service DPMAdirektPro Introduced
The German Patent and Trade Mark Office (DPMA) has launched DPMAdirektPro on January 1, 2018, after successful trial operations. The new e-service enables the Office to electronically transmit office actions and electronically deliver decisions. In return, customers can electronically send a return confirmation of receipt to the DPMA. With this service, the DPMA and its customers can now manage the case files completely electronically.

Previous users of DPMAdirekt are requested to install the current software version of DPMAdirektPro. Customers need to register to participate in the electronic transmittal of documents. They will then receive a PIN to activate the additional functions of the software. Test users do not need to take any further action but can continue to work with the system as before.

All customers may use the service not only for new applications but also for existing case files by making a request with the DPMA. The traditional paper route of transmittal for individual or all case files is still available.

The DPMAdirektPro software can be downloaded here

Source: www.dpma.de


Dec 20, 2017 (Newsletter Issue 22/17)
Notice on Extensions of Time Limits in Opposition Proceedings
The German Patent and Trade Mark Office (DPMA) issued a notice on the handling of requests for extension of time limits and comments in opposition proceedings.

The Office informs that a first extension of the time limit (of normally two months) may be granted if sufficient reasons are presented (Sec. 18(2) DPMA Ordinance) in opposition proceedings.

For all further extensions of the time limit, a prima facie legitimate interest and consent of the parties concerned must be shown (Sec. 18(3) DPMA Ordinance). In future, these extensions of time limits will be granted for up to a maximum period of six months. If the negotiations on delimitations have not yet been concluded when the period expires, a further request for extension of the time limit can be furnished.

Each formal written statement will be sent to the other party to the proceedings (principle of the right to be heard). However, the DPMA assumes that the parties to the proceedings provide a comprehensive comment in their respective first formal written statement. Subsequently further formal written statements will be served by the DPMA inviting the recipients to make a final comment.

Source: www.dpma.de


Mar 14, 2017 (Newsletter Issue 5/17)
Draft of New Trademark Act
The German Federal Ministry of Justice and Consumer Protection (Bundesjustizministerium) has issued a draft act (available in German language only) to implement Directive (EU) 2015/2436 into German law (Gesetz zur Umsetzung der Richtlinie (EU) 2015/2436 des Europäischen Parlaments und des Rates vom 16. Dezember 2015 zur Angleichung der Rechtsvorschriften der Mitgliedstaaten über die Marken – Markenrechtsmodernisierungsgesetz – MaMoG).

The draft picks up the various provisions of the Directive and also contains a proposal for a new fee structure of the German Patent and Trademark Office (DPMA) including a one-fee-per-class-system.

For more information, please check here

Source: www.dlapiper.com


Sep 13, 2016 (Newsletter Issue 16/16)
Guidelines of Design Registration Implemented by DPMA
Within the framework of the Convergence Programme of the EUIPO and national offices for a common practice, a project was launched to develop guidelines for the requirements for graphic representation of designs, which were published in a Common Communication of April 15, 2016.

The scope of this project included the development of a common practice and common guidelines for the requirements in the application procedure concerning the graphic representation of designs.

Focus was on the disclaimers as well as the acceptable types of views and rules to assess if a background is neutral.

The guidelines of the Communication has been implemented by the German Patent and Trade Mark Office in the design registration procedure from July 15, 2016.

Please refer to the (3,37 MB) Common Communication for contents and results of the project.

Source: www.dpma.de


Jul 12, 2016 (Newsletter Issue 13/16)
Amendments to Trademark Regulation in Force
The German Patent and Trade Mark Office (DPMA) announced that amendments to the trademark regulation (Markenverordnung) came into force on June 24, 2016.

Main changes are the following:
- Coloured trademarks and black and white trademarks need to be submitted in the way they are intended to be registered. It is no longer possible to request a black and white trademark registration when a coloured trademark has been submitted.
- Colour trademarks are now recognised as its own trademark type and covered by its own paragraph.
- For trademarks including non-Latin characters, a translation, transliteration and transcription needs to be submitted with the trademark representation.

For more information, please click on the DPMA news and the trademark regulation (only in German available )

Source: www.dpma.de


Feb 25, 2015 (Newsletter Issue 3/15)
Electronic Case File for Trademarks Soon Available
The German Patent and Trade Mark Office (DPMA) has announced that electronic case files for trademarks and geographical indications will be available on March 23, 2015.

It is expected that the introduction of the electronic case file will increase the processing and notification times.

The transition phase started on February 23, 2015. Limitations may occur when using the online services during this phase. For more information please click here

Source: www.dpma.de


Feb 04, 2014 (Newsletter Issue 2/14)
German Designs Act Revised
The German Patent and Trade Mark Office (DPMA) has revised the German Designs Act with effect from 1 January 2014.

The major changes are:
- The German term "Geschmacksmuster" has been replaced by the term "registered design".
- A design invalidity proceeding before the German Patent and Trademark Office (GPTO) has been introduced. Before, a request had to be filed in a law suit at a Civil Court. Now an application for invalidity of a registered German design can be filed directly with the GPTO.
- Further, different designs can now be included in one multiple application, even if they do not belong to the same class of goods.
- The new publication medium is the German Federal Gazette.

Source: www.dpma.de


Jan 21, 2014 (Newsletter Issue 1/14)
Electronic File Inspection Launched
The German Patent and Trade Mark Office (DPMA) announced that it allows electronic file inspection on patent and utility model files effective from 7 January 2014.

The documents available for electronic inspection include office actions, decisions, search reports as well as communications relevant to the procedure and other parts of files in PDF format.

Entering the file number and clicking on the button "File inspection" in the free-of-charge information service DPMAregister will lead you to the requested information. All granted patents, registered utility models as well as all applications filed that have already been published on or after 21 January 2013 will be available.

For further information please click here

Source: www.dpma.de



Dec 17, 2013 (Newsletter Issue 18/13)
Design Law Soon Amended
Two amendments to the German law on designs will come into force on April 1, 2014. First of all, the name of the law will change from Geschmacksmustergesetz' into 'Designgesetz'. The official name 'Geschmacksmuster' will also change to 'Design' in order to comply with international conventions. The second amendment relates to the introduction of nullity proceedings before the Office. These proceedings will be less costly than court proceedings which have applied to date. However, it will still be possible to undertake court proceedings.

Source: Witte, Weller & Partner Patentanwälte, Germany


Dec 03, 2013 (Newsletter Issue 17/13)
Online Registration without Signature
The German Patent and Trade Mark Office ( DPMA) announced that, effective from 12 November 2013, it is now possible to file trademark and design applications electronically without a signature.

Source: www.dpma.de


Sep 03, 2013 (Newsletter Issue 12/13)
Accession to Singapore Treaty
The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and has the honor to notify the deposit by the Government of the Federal Republic of Germany, on June 20, 2013, of its instrument of accession to the Singapore Treaty on the Law of Trademarks, adopted at Singapore on March 27, 2006.

In conformity with Article 28(3), the said Treaty will enter into force, with respect to the Federal Republic of Germany, on September 20, 2013.

Source: www.wipo.int


Dec 04, 2012 (Newsletter Issue 18/12)
Expiration of Time Limits during Festive Season
The German Patent and Trademark Office (DPMA) has informed that Christmas Eve and New Year's Eve are not counted as official holidays but rate as working days. Therefore, the deadline in which the last day of the period falls on Christmas Eve and New Year's Eve will not be postponed on the next working day (see also Notice No. 8/1999). Only when Christmas Eve and New Year's Eve fall on a Saturday or Sunday, the deadline will be postponed to the next business day (see § 193 BGB).

Although the DPMA will be closed on December 24, 2012 and January 1, 2013 you can submit applications, oppositions, appeals and other business related matters on time by using the night mailboxes of our departments in Munich, Jena and Berlin or sending a fax to +49 (0)89 2195 2221.

Source: www.dpma.de


Nov 19, 2012 (Newsletter Issue 17/12)
DPMA Web Pages Unavailable Coming Weekend
The German Patent and Trademark Office (DPMA) has informed that their web pages and online databases will be unavailable for scheduled maintenance from Friday, 23 November 2012, 18:00 CET, to Sunday, 25 November 2012, approximately 24:00 CET.

www.dpma.de


Sep 02, 2012 (Newsletter Issue 13/12)
Official Warning
The German Patent and Trademark Office (DPMA) has issued an official warning.

Fraudsters have been directly contacting patent and trademark owners. They pretend to be official representatives from the DPMA and marke use of fake service identification cards. They try to collect fees. The DPMA expressly points out that they do not employ such sales representatives.

Source: www.dpma.de


Sep 02, 2012 (Newsletter Issue 13/12)
New Opening Hours in the Munich Office
The German Patent and Trademark Office (DPMA) announced the change of the opening hours in the office of Munich (Zweibrückenstr. 12, 80331 Munich) with effect from October 1, 2012.

The new oppening hours are
Monday to Thursday 7.30 am – 3.00 pm
Friday 7.30 am – 2.00 pm

Source: www.dpma.de


Dec 01, 2011 (Newsletter Issue 14/11)
Adoption of 10th Edition of Nice Classification
The German Patent and Trademark Office (DPMA) announced that it will apply the 10th Edition of the Nice Classification as from 1 January 2012. Applications filed after the 9th Edition won’t be any longer acceptable as from 1 January 2012 and will be objected by DPMA.

Source: www.dpma.de


Dec 01, 2010 (Newsletter Issue 17/10)
Change in Practise Announced
The German Patent and Trademark Office (DPMA) announced a change in practise regarding the classification of trademark applications received after January 1st, 2011.

In case of imprecise description of the goods and services your trademark application refers to, the DPMA will interpret the respective description by means of the class number indicated in the application.

For more information please click here


Mar 15, 2010 (Newsletter Issue 8/10)
Filing of Design Applications Electronically
Design applications can be electronically filed at the German Patent and Trademark Office (DPMA) from March 1th, 2010.

For more information please click here


Oct 15, 2009 (Newsletter Issue 4/09)
Postal Address of Trademark Office Changed
Please note that after Nov 1st, 2009 only the following postal addresses must be used:

80297 Munich for key accounts or
Zweibrückenstraße 12, 80331 Munich.

Documents will no longer be accepted at Cincinnattistraße 64, Munich


Legal basis is the Trademark Act of October 25, 1994 (last amended August 10, 2021) and the Trademark Decree of May 11, 2004 (last amended August 10, 2021).

The EU Directive 2015/2436, which aims to harmonise the trademark laws of the EU Member States, was implemented into national German law with effect on January 14, 2019. The changes regarding cancellation proceedings, renamed “revocation or invalidity proceedings” are effective since May 1, 2020.

Germany is a member of the Madrid Agreement, the Madrid Protocol and the European Union.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Nice classification, 12th edition
Registrable as a trademark are all signs, which are capable of distinguishing the goods or services of one enterprise from those of other enterprises, particularly words including personal names, designs, letters, numerals, sound marks, three-dimensional designs, the shape of goods or of their packaging, colours and colour combinations, as well as sounds and any combination of the mentioned signs. Furthermore, the Trademark Decree explicitly names positional marks, pattern marks, tracer marks, motion marks, hologram marks, multimedia marks. The graphical representation requirement was abandoned with the implementation of the EU Directive 2015/2436.
The following trademark types are registrable: trademarks, service marks, collective marks and certification marks.
The application is filed at the Trademark Department of the German Patent and Trademark Office.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A power of attorney is not necessary for the application but can be obligatory for foreign applicants if the proceeding continues to the German Federal Patent Court.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks.
With the implementation of the EU Directive 2015/2436, geographical indications and designations of origin, plant variety rights, as well as traditional terms for wine and for specialties have become potential absolute bars for refusal of trademark protection.
The processing time from first filing to registration – if no objections are raised by the Examiner - is approx. 2 to 3 months. An urgent examination is possible after payment of an additional fee.
After registration, the trademark is published electronically in the weekly “Markenblatt” (Internet address: https://register.dpma.de/DPMAregister/blattdownload/marken).
National:
The opposition period is 3 months from the publication date of the registration. An opposition may be based on one or more older rights. The opposition fee depends on the number of rights on which the opposition is based.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
Protection begins with the date of application, but the trademark is only valid after successful registration. A trademark registration is valid for 10 years from date of application and ends on the last day of the month during which the application has been filed. For trademarks registered on or after January 14, 2019, the calculation of the ten-year term changed: the term of protection ends exactly ten years after the date of application.
The registration is renewable for periods of 10 years. The request for renewal shall be filed within a time period of 6 months prior to the expiry of protection.
Practical details on grace periods for trademark renewals are available in our publication here
Practical details on trademark use requirements are available in our publication here
The official fee for filing a trademark application is EUR 300 for up to three classes and EUR 290 if filed electronically. For each additional class, the official fee is EUR 100 per class.
Different fees apply to collective trademarks and certification trademarks. The official fee for filing a collective or a certification trademark application is EUR 900 for up to three classes and EUR 150 for each additional class.

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Practical details on trademark licensing are available in our publication here
Online you can see a limited part of information about this country.
More in-depth details are available for the following aspects:

     General Trademark Regulations
     Trademark Use Requirements
     Grace Period for Trademark Renewal
     Trademark Licensing

If you like to purchase all available information for this country, click the order button.
The total price is 49.00 EUR. A PDF-Download will be sent to you electronically.

SMD Group thanks the following law firms for their assictance in updating the information provided.

Sep 20, 2023
Keller Schneider, Munich, Germany



Graf v. Westphalen



Kristofer Bott

Kristofer Bott
Ulmenstraße 23-25
60325 Frankfurt am Main
Germany (DE)
Tel + 49 69 800851936
Fax + 49 69 800851999
frankfurt@gvw.com
www.gvw.com

Graf von Westphalen is a partnership of lawyers, accountants and tax advisers. As one of the leading German law firms we act both nationally and internationally - with more than 100 professionals at our offices in Berlin, Frankfurt, Hamburg and Munich as well as in Alicante, Brussels and Shanghai. As a full-service law firm, we offer our clients advice on all areas of commercial law from a single point of contact.

Even if more a complex matter require the services of more than one specialist – with us you will always have a single partner as your fixed point of contact. It goes without saying that we provide advice of the highest quality, are flexible and are service-oriented.

Apart from our presence in Germany's largest economic centres, we attach great importance to having a global network. At an international level we assist our clients working together with pre-eminent local commercial law firms, with whom we have worked closely together for many years.

Harmsen Utescher



Till E. Lampel

Till E. Lampel
Neuer Wall 80
20354 Hamburg
Germany (DE)
Tel +49 40 376 909 0
Fax +49 40 376 909 99
contact@harmsen.utescher.com
www.harmsen.utescher.com

Harmsen Utescher, founded in 1895, is one of Germany's most experienced and respected IP boutiques. The firm is known for its high-quality litigation and consulting services. Harmsen Utescher has one of the largest trademark prosecution departments in Germany, representing some of the most widely recognized national and international trademark owners.

We represent our clients not only before the German Patents and Trademark Office, but also before the EU Intellectual Property Office (EUIPO) and the European Patent Office and of course before the German Courts (including the Federal Patent Court) and the European Courts, such as the General Court and the European Court of Justice (ECJ).

Apart from Trademarks and Patents, Harmsen Utescher covers all areas of intellectual property protection, including Unfair Competition Law, Copyright and Design Law, German and EU Antitrust Law, Pharmaceutical and Medical Products Law, Food and Cosmetics Law, IT and Data Protection Law and Media, Sports and Distribution Law.

This broad specification within IP enables Harmsen Utescher’s attorneys to look at portfolios and cases from all legal perspectives and to consider every procedural option for the enforcement and protection of client's rights in Europe and globally.

Deutsches Patent- und Markenamt (DPMA)
Zweibrückenstraße 12
80331 Munich
Germany
Tel +49 89 21 95 0
Fax +49 89 21 95 22 21
www.dpma.de
or:
Deutsches Patent- und Markenamt
Goethestrasse 1
07743 Jena, Germany
Tel. + 49 36 41 40 54
Fax + 49 36 41 40 56 90
Send applications to the Munich office.

European Union Intellectual Property Office (EUIPO)
Avenida de Europa, 4
03008 Alicante
Spain
Tel +34 965 139 100
Mail CustomerCare@euipo.europa.eu
www.euipo.europa.eu


World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int