Redefine what you expect from an international business
1. application path
1. Appoint the German route through the Madrid system; 2. Apply through a single country, the applicant can apply online through DPMAdirektPro or DPMAdirektWeb, or submit paper materials to the DPMA (German Patent and Trademark Office) for offline application; 3. Apply to the European Union Intellectual Property Office for EU trademarks.
2. trademark type
in Germany, the trademark classification is based on the international classification system, divided into 45 categories. Trademark applicants need to select the appropriate class based on the nature of their goods or services. The elements that can be registered as trademarks in Germany can be words, letters, numbers, images, colors, holograms, multimedia logos and sounds.
2. to submit documents
1. When the applicant is a natural person, the English name, address and nationality; When the applicant is a legal person, the English name, address and legal form of the company; 2. Trademark name, designated goods/service category and specific items; 3. Clear trademark drawings; 4. If the applicant claims priority, the applicant may claim priority within two months from the date of filing the application; 5. Power of attorney for trademark registration, must be signed or sealed by the principal (e. g. proxy).
3. Review Form
The examination of German trademarks is divided into formal examination and substantive examination. After examination, the examining officer finds that the trademark application is acceptable, and then a notice is published in the German Official Trademark Gazette. 3 months from the date of the announcement is the objection period. Any third party may submit a third party opinion in writing to DPMA to explain to the official why the trademark to be registered (excluding relative registration obstacles) shall not be officially registered. If there is no objection within these three months, the trademark will be officially registered. Trademark registration can also be declared invalid and canceled because of the existence of prior rights. To do this, you can file a lawsuit in the ordinary courts or submit an application to the DPMA for declaration of invalidity. DPMA notifies the trademark owner of the application for the declaration of invalidity. If he does not object within two months, the mark will be declared invalid and canceled; if an objection is filed, the invalidation procedure will be conducted at DPMA. If the application is approved, the trademark registration will be declared invalid and removed from the register due to the existence of prior rights.
4. protection period
trademarks registered on or after January 14, 2019, the term of protection begins on the day after the trademark application is filed and usually ends on the date corresponding to the name or number of the filing date (for example, the application of January 17, 2019-the protection period ends on January 17, 2029). If the trademark was registered before January 14, 2019, the ten-year protection period ends after the expiration of the month in which the filing date falls (e. g., filing on July 5, 2017-protection period ends on July 31, 2027). Renewal every 10 years, with the renewal fee payable at the earliest 6 months prior to the due date. If the renewal fee is not paid or the fee paid is insufficient, the trademark right will lapse.
5. Application Language
German
Intellectual Property Category
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