List of documents and legal information

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:

• directly to the national patent office - the German Patent and Trademark Office (DPMA);
• file an international application under the Madrid system - this can be done not only via the DPMA, but also via the office of the country where the company is registered;
• the national certificate will only be valid in the territory of Germany, whereas the international registration allows an unlimited number of member states of the Madrid Agreement to be selected.

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:

• application, indicating the registration data of the company, its representative (foreign companies are required to conduct business through patent attorneys accredited by the DPMA);
• designation, presented in verbal, graphic, volumetric, combined or other form;
• description of the object, allowing to reveal its meaning and essence, deciphering the meaning of words and abbreviations, etc;
• list of product groups according to the classifier of the Nice Classification - the protection regime will apply only to the classes of goods indicated by the company in the application.

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 application, sending the documents to the Patent Office in written or electronic form;
• Publication of the application in the DPMA Bulletin, after which the applicant will have a limited protection regime - national or conventional priority;
• Formal examination - will check the completeness of the submitted documents, the correctness of their completion;
• Expert examination of the designation, which includes an information search in the registers of Germany and WIPO, confirmation of the distinctiveness of the mark, checks restrictions and bans on the registration of certain types of signs;
• decision on registration, entering information into the registry, publication in the official DPMA Bulletin;
• Issuance of a national or international certificate to the applicant.

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.