Prepare your trade mark

- make sure your trade mark is a distinctive word, logo, picture or other sign that clearly distinguishes your goods and services from those of other traders

- check if someone else has already registered or applied to register a similar mark for similar goods or services

- check if someone else is using a similar mark for similar goods or services (via search engines on the Internet, telephone books, copyright of titles, indexes of industries or products)

- decide what classes of goods or services you require.

Fill in and file the trade mark application form “Antrag auf Eintragung einer Marke in das Register” . Two identical graphic representations of the trade mark shall be attached to the application form for all trade marks except word marks.

Applications can also be filed in a language other than German. In that case, however, a German translation must be submitted within a period of three months after filing.

Applicants having neither a domicile nor an establishment in Germany must appoint a patent attorney or an attorney at law in Germany as representative. This representative may also be national of a member State of the European Union or of a State party to the Agreement on the European Economic Area, provided that a patent attorney or attorney-at-law, resident in Germany, has been authorised to receive service of official communications.

We will send you a receipt containing the official file number of your application and also the date of application.

If you have appointed a representative, the receipt will be sent to your representative.

Processing of the trade mark application will be continued only after the receipt of the application fee and class fees, if any. The application will be checked for compliance with the formal application requirements and the existence of so-called absolute grounds for refusal impeding the registration of the application.

The DPMA does not examine whether similar or identical trade marks have already been registered.

If the application complies with the requirements and defects, if any, have been remedied and no absolute ground for refusal identified, the trade mark will be recorded in the register and the registration published on the electronic publication platform  DPMAregister.

There is a period of three months after the publication for the proprietor of an earlier trade mark to oppose the registration of your mark.

More information is available at “Information for Trade Mark Applicants” and “Ordinance Implementing the Trade Mark Law (Trade Mark Ordinance)”