As a business owner or founder, you know the importance of protecting your brand and guarding its intellectual property. That’s why registering a trademark in Germany is essential for any company starting or expanding into Europe.

In this guide, we’ll answer all these questions and more so that you can confidently protect your brand’s assets in Germany.

Trademark Registration Fees in Germany

How much does it cost to register a trademark in Germany?

The cost of registering a trademark in Germany depends on the number of classes you want to protect your trademark in.

The basic application fee for up to three classes is 300 euros for paper-based filing and 290 euros for online or electronic filing.

Additional class fees of 100 euros each are due for additional classes. Other fees may apply for accelerated examination, renewal fee, opposition, cancellation, or appeal.

If you seek professional aid from a patent attorney, their cost can be double or triple the basic application fee.

What are the different types of fees involved in trademark registration?

The fees involved in trademark registration include application, class, examination, publication, registration, renewal fee, surcharges, opposition fee, cancellation, and appeal fees.

How to pay for trademark registration fees?

You can pay for trademark registration fees by direct debit from a bank account within SEPA (Single Euro Payments Area), by direct deposit into one of the DPMA’s accounts at Deutsche Bundesbank, or by credit card via an online payment service provider. You need to indicate your file number or reference number when making payments.

Are there any discounts or exemptions for trademark registration fees?

There are no discounts or exemptions for trademark registration fees in Germany. However, you can save money by choosing online or electronic filing instead of paper-based filing (ten euro lower filing fees), by limiting the number of classes you apply for (3 classes included, each additional class is 100 euro), renewing your trademark before the expiry date, and avoiding surcharges or penalties.

About business trademarks in Germany

What is a trademark, and why is it important for businesses?

A trademark is a symbol that identifies the source of your goods or services and distinguishes them from those of other businesses. Trademarks are important for businesses because they provide legal protection for your brand, help you guard against counterfeiting and fraud, and create customer loyalty and recognition.

What are the benefits of registering a trademark in Germany?

Registering a trademark in Germany grants you the right to prohibit the use of your trademark throughout Germany, makes it easier to enforce your rights against infringers, allows you to participate in international registration systems, and increases the value of your business.

What are the main types of trademarks that can be registered in Germany?

The main types of trademarks that can be registered in Germany are:

• word marks
• figurative marks
• three-dimensional marks
• sound marks, motion marks
• multimedia marks
• hologram marks
• position marks
• pattern marks
• color marks
• collective marks, and
• certification marks.

Trademark Registration Procedure in Germany

Trademark filing: How to file an application for trademark registration at the German Patent and Trade Mark Office (DPMA)?

You can file an application for trademark registration at the DPMA online, electronically, or by post. You need to provide your personal details, a representation of your trademark, a list of goods and services, and pay the application fee.

Trademark application: What are the requirements and documents needed for trademark registration?

The requirements and documents needed for trademark registration vary depending on the type of trademark you want to register.

Generally, you need to provide a clear representation of your trademark, a list of goods and services classified according to the Nice Classification, proof of payment of fees, and any additional documents such as priority claims, consent statements or declarations of use.

How long does it take to register a trademark in Germany?

The time it takes to register a trademark in Germany depends on several factors, such as whether you choose an accelerated process, whether there are any objections or oppositions against your application, and whether you cooperate with the DPMA, the german trademark office.

The normal process can take between 8 months to 2 years, while the accelerated process can take as little as 2 months.

How to check the availability of a trademark before applying?

Before applying for a german trademark registration, you should check if your trademark is available and does not conflict with any existing trademarks. You can do this by searching the databases of the DPMA, such as DPMAregister, which contains trade mark applications and registered and refused German national trade marks, as well as information on the trademark owner.

You can also search in international or European trademark registers that contain trademarks that may have an effect in Germany. Or choose to hire a specialized trademark attorney to do the trademark search for you.

Trademark Protection and Enforcement in Germany 

How long does a registered trademark last in Germany?

A registered trademark lasts ten years from the filing date and can be renewed indefinitely for further 10-year periods.

How to renew a registered trademark in Germany?

You can renew your trademark by paying the renewal fees before or within six months after the expiry date of your registration. You can pay online, by direct debit, or by credit card. You need to provide your file number or reference number when making payments.

How to monitor and defend your trademark rights against infringement or dilution?

You can monitor your trademark rights by using online tools, hiring professional services, or conducting regular searches on relevant databases, marketplaces, or media outlets. You can defend your trademark rights by sending cease and desist letters, filing lawsuits, seeking injunctions, damages, or other remedies, or engaging in alternative dispute resolution mechanisms.

Opposition proceedings: How to deal with disputes or opposition related to your trademark?

You can deal with disputes or oppositions related to your trademark by negotiating settlements, withdrawing applications, limiting goods and services, filing counterclaims, submitting evidence or arguments, attending hearings, or appealing decisions. Litigation is Germany’s preferred dispute resolution mechanism as it is cost-efficient and timely. If in doubt, contact a specialized trademark lawyer for legal representation.

Tips or best practices for registering and maintaining a trademark in Germany

• Choose a distinctive and original trademark that is not descriptive, generic, deceptive, or confusingly similar to existing trademarks.
• Conduct a thorough trademark search before applying to avoid conflicts, oppositions or rejections.
• Indicate the correct applicant(s), trademark and list of goods and services in your application. You can use the harmonized database on DPMAregister to find suitable terms.
• Pay attention to deadlines, fees, forms, and requirements for filing, renewing, transferring, or enforcing your trademark.
• Record any changes of ownership, address, name or representation in the register as soon as possible to ensure your rights are valid and enforceable.
• Monitor your trademark regularly for potential infringements or dilutions and take appropriate actions to protect your rights.

For business owners and founders, registering a trademark in Germany can be daunting. However, with the right preparation and guidance, you can ensure that your trademark is protected from infringement or dilution. By conducting thorough searches before applying for registration, indicating the correct applicant details on applications, adhering to deadlines and fees when renewing trademarks, and monitoring them regularly for infringements or dilutions – business owners can maintain their trademarks effectively in Germany. We hope this guide has helped you navigate the process of registering and maintaining a trademark in Germany!