Germany Trademark Registration

To obtain trademark protection in Germany you can either:

• Register a national German trademark through the German Patent and Trade Mark Office DPMA, or
• Register a **European Union Trademark (EUTM) through the EUIPO, which automatically grants protection in Germany and all other EU member states. See our EU trademark services.

Germany is a first-to-file jurisdiction: in practice, rights are granted to the first person or company to file, not the first to use. A national filing through the DPMA also offers the option of an accelerated trademark registration process, subject to payment of an extra fee; this can lead to registration in as little as two (2) months, instead of the standard examination timeline.

If you register a combined trademark (word + figurative / logo), your exclusive rights are limited to the exact configuration as filed and registered. If you want broader protection (e.g., for the word separately from the logo), it is advisable to file separate applications for the word mark and the figurative mark.

Germany is also a member state of the Madrid Protocol Madrid Member States, so you may obtain protection in Germany by extending an existing International Registration via the Madrid System.

To register a trademark in Germany, you will generally need to provide:

• The name or logo you want to register
• The applicant’s details

No documents are necessary.

If any additional information or country-specific formalities apply, your iGERENT consultant will confirm the exact requirements and guide you through each step.

• Standard process: The average time for a straightforward German trademark application to proceed to registration is around 2 months, depending on the DPMA’s workload and whether any objections arise.
• Accelerated process: If you opt for the accelerated procedure, and pay the corresponding additional fee, the DPMA can process the application in approximately {{estimatedProcessingMonths}} months, provided there are no substantive issues.

These timeframes are estimates and may vary, particularly if there are objections or oppositions.

Once the DPMA accepts your application, the trademark is registered and the registration is published. From that moment:

• The trademark is valid for 10 years from the application date.
• It can be renewed indefinitely for subsequent periods of 10 years.
• Renewal can be requested:
  • As early as 12 months before the expiry date, and
  • Up to the last day of the month in which the registration expires.
• There is a grace period of six (6) months after expiry during which renewal is still possible upon payment of late renewal fees.

A registered German trademark grants you exclusive rights in Germany and can be enforced against third parties using or registering confusingly similar signs for related goods or services.

Yes. Third parties can file an opposition against a trademark in Germany:

• The opposition period starts once the grant of registration is published by the DPMA.
• You have three (3) months from the publication date to file an opposition.

Oppositions are typically based on earlier conflicting rights, such as prior registered trademarks. The chances of success depend on the similarity of the marks, overlap in goods/services, and the strength and use of your earlier rights.

Use of a trademark in Germany is not required to obtain registration, but if the mark is not genuinely used for a continuous period of 5 years after registration it becomes vulnerable to cancellation for non-use, and to avoid this risk the use must be on a commercial scale within Germany.

Germany allows the registration of three-dimensional (3D) trademarks that protect distinctive product shapes or packaging. Applications are filed with the German Patent and Trade Mark Office (DPMA). For a 3D mark you must:

• Submit clear graphical representations from multiple angles (typically six views: front, back, top, bottom, left, and right).
• Ensure the shape is capable of distinguishing your goods or services from those of other undertakings.
• Make sure the shape is not purely functional, does not result solely from the nature of the goods, and does not merely give substantial value to the product.

Germany applies strict distinctiveness criteria for 3D marks and, in many cases, the DPMA may require evidence of acquired distinctiveness through extensive use and recognition in the German market. The DPMA may also request a physical sample of the 3D object for examination. As Germany follows the EU trademark directive, the 3D sign must be representable in a way that is clear, precise, self-contained, easily accessible, intelligible, durable and objective.