Individuals and companies seeking trademark registration in Germany are required to meet all standards enforced by the GPTO (Germany Patent and Trademark Office). It is advisable to enlist the professional guidance of a trademark attorney or consultancy firm who specialize in registration when filing for a Germany trademark. This will ensure you complete the registration application process in a time efficient and cost effective manner.
How to register a Germany Trademark
The Germany Patent and Trademark Office (GPTO) is also known as the Deutsches Patent-und Markenamt (DPMA). This registry is responsible for reviewing all registration applications in the country. Upon approval of an application, the GPTO will issue registration rights to trademark owners in Germany.
In order to be successful in your trademark application, you must ensure your mark meets all the requirements as stipulated by the GPTO. The following prerequisites must be met before a mark can gain approval for registration:
- It must be capable of graphical representation
- Unique and distinctive from competitor marks
- Cannot be descriptive in nature
- Must be ‘available’ for registration
- Cannot be similar or the same as any other registered mark
- It can be made up of words, numbers, symbols, designs or a combination thereof
- Non offensive or confusing for the public
Prior to submitting a mark for registration, it is vital that a search is carried out using the GPTO’s trademark database. If the mark is found to be ‘unavailable’ or too closely related to another registered mark by the registry, the application will be rejected and the applicant’s fee lost. It is therefore paramount that an industry professional conducts this search prior to submitting the application.
Registered Germany trademark rights are valid for a period of 10 years, and are renewable on expiry of the rights. It should be noted that renewal will only be granted provided that the mark was used in compliance with the trademark law and standards of GPTO.
Overall, Germany trademark registration can be achieved provided the mark meets the required national or international standards as set by the relevant intellectual property registry. It is important to seek professional assistance when seeking to register a mark as there are a number of requirements and steps that must be followed.
Starting Business can assist you to acquire a Germany Trademark today.