German Trademark Law

German trademark law is designed to protect brand names, logos, slogans, and other symbols that businesses use to identify their products or services. It gives trademark owners exclusive rights and ensures fair competition by preventing others from using similar marks that could confuse customers.

What Is a Trademark in Germany?

A trademark is a sign that distinguishes the goods or services of one company from another. In Germany, trademarks can include:

1. Words: Company or product names (e.g., "Volkswagen").
2. Logos: Visual symbols (e.g., the BMW logo).
3. Slogans: Catchphrases (e.g., "Haribo macht Kinder froh").
4. Shapes: The shape of products or packaging (e.g., the Coca-Cola bottle).
5. Colors and Sounds: Specific colors or jingles associated with a brand.

Why Is Trademark Protection Important?

1. Protects Brand Identity:
• Your trademark becomes your business’s unique identity in the market.
2. Prevents Misuse:
• Trademark protection stops competitors from copying your brand.
3. Builds Customer Trust:
• Customers associate trademarks with quality and reputation.

How Do You Register a Trademark in Germany?

To protect a trademark in Germany, you must register it with the German Patent and Trademark Office (Deutsches Patent- und Markenamt - DPMA).

Application Process:

• Choose the trademark you want to register (e.g., name, logo).
• Specify the goods or services it will represent (called "classes").
• File the application with the DPMA.

Examination:

• The DPMA reviews your application to ensure it meets legal requirements.
• It checks if your trademark is distinctive (e.g., not too generic) but does not check for conflicts with existing trademarks.

Publication and Opposition:

• If approved, your trademark is published in the DPMA register.
• Third parties can oppose your trademark if they believe it conflicts with theirs.

Registration:

• If no opposition is filed, or if it is resolved, your trademark is registered.

How Long Does Trademark Protection Last?

• A registered trademark in Germany is valid for 10 years from the application date.
• You can renew the trademark every 10 years indefinitely by paying a renewal fee.

What Rights Does a Trademark Owner Have?

If you own a trademark in Germany, you can:

1. Prevent Others from Using It:
• Stop others from using your trademark or a similar mark for similar goods or services.
2. License Your Trademark:
• Allow others to use your trademark in exchange for payment (licensing).
3. Sell Your Trademark:
• Transfer ownership to another person or company.
4. Take Legal Action:
• File lawsuits against infringers and claim damages.

What Happens If Someone Infringes Your Trademark?

Cease-and-Desist Letter (Abmahnung):

• A formal warning asking the infringer to stop using your trademark and pay damages.

Court Action:

• If the infringer refuses to comply, you can take legal action in court.
• Courts can order the infringer to stop using the trademark and pay compensation.

Customs Enforcement:

• You can request German customs to seize counterfeit goods entering the country.

What Are the Requirements for a Trademark in Germany?

To be registered, a trademark must:

1. Be Distinctive:
• It should be unique and not describe the product directly (e.g., "Fresh Apples" cannot be registered for selling apples).
2. Not Mislead Customers:
• It must not create confusion or give false impressions.
3. Not Violate Public Policy:
• It should not contain offensive or illegal elements.

What Is the Difference Between a Registered and Unregistered Trademark?

Registered Trademark:

• Provides strong legal protection and makes enforcement easier.
• Listed in the DPMA database for everyone to see.

Unregistered Trademark:

• Can still have some protection under “established use” (Verkehrsdurchsetzung).
• Proving rights in disputes is more challenging.

What About EU Trademarks?

If you need protection across Europe, you can apply for an EU Trademark (EUTM) with the European Union Intellectual Property Office (EUIPO).

• An EUTM protects your trademark in all EU member states, including Germany.
• It is cost-effective if you operate in multiple EU countries.

Can You Protect a Trademark Internationally?

For global protection, German businesses can use the Madrid System.

• It allows you to apply for trademark protection in multiple countries with a single application.
• You must first have a registered trademark in Germany to apply internationally.

Who Uses German Trademark Law?

1. Small and Medium Businesses:
• Protect their brand names and local reputation.
2. Large Companies:
• Manage global trademark portfolios for products and services.
3. Startups:
• Secure unique names or logos for their new products.
4. Individuals:
• Protect personal brand names or artistic works.

Common Trademark Law Questions

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

• Filing fees start at €300 for one class (electronically) or €290 for additional classes.
• Renewal fees are around €750.

Q: Can someone oppose my trademark?

• Yes, third parties have three months after publication to oppose your trademark if they believe it conflicts with theirs.

Q: Can trademarks protect colors or sounds?

• Yes, as long as they are distinctive and linked to a specific brand.

Q: Can I use the ® symbol?

• You can only use the ® symbol after your trademark is officially registered.

Conclusion

German trademark law is essential for protecting brands and ensuring fair competition. By registering a trademark with the DPMA, businesses and individuals gain exclusive rights to their brands, allowing them to build trust and reputation. Whether you operate locally, across Europe, or globally, trademarks are a valuable tool for securing your business’s identity and future growth.