Germany is a party to all international agreements and conventions in the field of industrial and commercial property protection. This makes it possible to register a mark not only at the national level, but also under the international system of the Madrid Agreement. A German trademark can also be registered by a foreign business entity and the rules of this procedure are described below.
The national law of the Federal Republic of Germany reproduces all international standards and rules for the registration of commercial property. In order to obtain a registration certificate, a company can use the following options:
The main domestic normative act that regulates the rules for registration is the German Trademark Act. International acts, including the Directives of the Executive Council of the EU are also applied. Germany's participation in the European Union significantly expands the list of protection measures against unlawful use of a registered designation.
Registration actions will be carried out on the basis of the application, which must include:
The national application is submitted to the DPMA in German. If the company uses the Madrid registration system, translation of the application into German will be required during the examination. The classes of goods selected under the ICtU will not be expandable after the registration. therefore, all lines of business must be considered in advance when preparing the list.
The company can choose the method of registration itself - taking into account the expansion of production or sales network to new markets, to conduct foreign trade activities with foreign partners, etc. If it is planned to conduct business only in the territory of Germany, it is sufficient to obtain a national certificate. If, however, the company's activities are to be conducted in several countries, it is advisable to submit an international application at once.
Registration activities will consist of the following stages:
The term of validity of the registration certificate is 10 years, but the right holder may extend it for a similar period of time. During the period of protection, the owner of the designation has the right to sell or transfer the rights to it to other persons, to use it for their own purposes. All transactions for the transfer of exclusive rights must be compensatory (commercial) in nature, and are registered in the DPMA. With an international certificate, similar transactions can be performed in several countries.
The list of measures for the protection of exclusive rights includes filing written demands to the infringers, applying to judicial authorities to recover damages or compensation, filing an application to the law enforcement authorities of Germany or the European Union. Similar remedies can be used internationally if exclusive rights have been registered under the Madrid system.
If you need a trademark registration in Germany, you cannot do without the help of a professional representative. Our company offers a full range of services related to obtaining a national or international designation certificate in Germany:
Only with the support of our specialists, the registration procedure will take place in the shortest possible time - it takes from 6 to 12 months to obtain a trademark certificate in Germany. To find out the details of cooperation with our specialists, you can call on the phone numbers listed on the website, or leave your questions in the feedback form.