German Trademark Application
– Specialized Trademark Attorneys

The application procedure

The registration of a German trademark comprises the following phases:

Phase 1 – Preparation of the documents
We will advise you on choosing the right type of trademark (word mark, figurative mark, color mark, etc.), create the associated list of goods / services and advise you on possible obstacles to trademark registration.

Phase 2 – Filing the German trademark application with the GPTO
After completing the documents and consultation with you, we will electronically submit the German trademark application to the GPTO.

Phase 3 – Official examination of the trademark application
After the German trademark has been filed, the office will check whether the mark applied for may be excluded from registration as a trademark for some reason (so-called “absolute grounds for refusal”). Signs that are descriptive of the goods and services claimed in the trademark application are excluded from registration. Such signs must remain freely available to all market participants. Besides, the office also checks whether the trademark application meets other formal requirements.

Phase 4 – Registration of the German trademark
If the GPTO determines that all legal requirements for a German trademark application have been met and the fees have been paid, the office enters the trademark in the register and publishes the registration.

Phase 5 – Opposition period
From the date the registration is published, third parties who believe that your trademark should not be registered, have three months to object to the registration. If an opposition has been lodged, we will report it to you.

Phase 6 – Trademark Certificate
If the opposition period has expired without an objection has been filed, the GPTO issues a trademark certificate and informs the applicant about the registration of the trademark. We will forward the certificate and the official report to you.

Trademark Search in Germany
Before registering a German trademark, we strongly recommend carrying out a trademark search for earlier registered trademarks having effect in Germany. This allows you to determine whether you are entitled at all to manufacture or offer a certain product or service under the relevant mark in Germany. Trademark applications that are filed without prior search often lead to legal disputes with the owners of already registered trademarks, including costly warning letters or a claim for damages. By means of a trademark search, you can uncover identical or similar trademarks that have already been registered, thereby avoiding potential disputes as far as possible.