Trademark Registration in Germany

A trademark filing should be built around the sign, the correct owner, the goods and services and the territories in which protection is commercially useful. Attorney Oliver Langner advises on German, EU and international filing strategies from Düsseldorf.

Back to Trademark Law · See also Trademark Search.

Choosing the right filing route

A German trademark application is filed with the DPMA. If unitary protection across the European Union is commercially appropriate, an EU trademark application at the EUIPO may be considered. International registrations can be extended through the WIPO Madrid System where the legal requirements are met.

The broadest filing is not automatically the best filing. Existing and planned markets, budget, conflict exposure and the vulnerability of the mark should be weighed together.

Goods and services

Trademark protection is tied to the goods and services covered by the registration. The specification should be broad enough for the real business model but precise enough to remain defensible and commercially meaningful.

Clearance before filing

The DPMA does not examine whether earlier identical or similar trademarks conflict with the application. A separate trademark search can therefore be an important part of filing preparation.

Preparing a trademark-law review

For an efficient first assessment, it is useful to provide the relevant registration extracts or application numbers, the sign as actually used, the goods or services concerned, key correspondence and a short chronology. In infringement matters, screenshots, packaging, invoices or marketplace listings can help establish how and when the sign was used. In filing matters, planned markets and the intended goods and services are particularly important.

The optimal filing strategy depends on the sign, goods and services, territories, prior rights and business plans.