A Guide to German Trademark Registration

I. Flow Chart for Trademark Registration in Germany:

1、Trademark Design

Advantages of TIMELY trademark design:

(1) Novelty- novelty of trademark design satisfies the distinctive feature of a trademark and enhances its reputation and market.

(2) Trademark naming avoids a straight relation with the functions of goods;

(3) Trademark design is theme-oriented and reasonably arranged.

Hong Kong TIMELY Intellectual Property Service Centre is equipped with a team of excellent designers from home and abroad, who are ready to provide you with professional services.

2、Trademark Search

Before filing your application, it shall be determined whether the mark to be registered is pending registered or has been registered the trademark rights.

We can get prior trademark records and the preliminary opinions from the German trademark office on whether it has been registered or not. The search results will minimize the risk for the whole application and registration process. Therefore, the search service with authorities is strongly recommended.

3、Submit Application

An application must include the following elements before the German Patent and Trademark Office (GPTO) will accept it:

Qualification certificate of applicant;

Authorization letter of registration;

a clear drawing of the mark;

a listing of the goods or services;

priority certification (optional)

A "use" based application included a sworn statement (usually in the form of a declaration) that the mark is in use in commerce, or a good faith or bona fide intention to use the mark in commerce.

the filing fee for at least one class of goods or services.

4、Notice of Acceptance

If you file a paper application, and it meets the minimum filing requirements, the GPTO will assign a serial number and send a filing receipt. You should review this receipt for accuracy, and notify the GPTO of any errors, following the directions on the receipt. The time duration is about 2 to 3 months.

5、Examination

After the GPTO determines that you have met the minimum filing requirements, the application is forwarded to an examining attorney. This may take a number of months. The examining attorney reviews the application to determine whether it complies with all applicable rules and statutes and includes all required fees.

A complete examination includes a search for conflicting marks, and an examination of the written application, the drawing, and any specimen.

6、Publication

If the examining attorney raises no objections to registration, or if the applicant overcomes all objections, the examining attorney will approve the mark for publication. The publication duration is three months.

7、Registration

If no opposition is raised within a period of three months following publication, the trade mark is registered.

8、Time

The time duration for the registration procedure is about 12-18 months for smooth application. The term of validity is 10 years counted from the date of filing the application. No extra fee is imposed during this period. Renewal of registration of trademark shall be filed every 10 years after registration.