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Bartel Legal - Strong brands require reliable protection. We're at your side.
Lawyer trademark registration
Trademark law services
Trademark registration and filing by experienced trademark lawyers
Have you developed a new product or founded a startup? Then you should consider registering a trademark early on. Trademark protection is a key step for the long-term success of your company and protects your corporate identity.
A trademark is a legally protected mark that distinguishes your goods or services from those of other providers—the so-called origin function of the trademark. With a registered trademark, you increase recognition, position yourself clearly in the market, and create the foundation for a strong, positive brand image.
Why registering a trademark is worthwhile: By registering your trademark with the German Patent and Trademark Office (DPMA) or the European Union Intellectual Property Office (EUIPO), you secure exclusive rights of use. You create the conditions for brand loyalty, trademark protection, and defense against product piracy or trademark infringement.
Our trademark law firm is at your side with extensive experience and personalized advice – from the initial trademark concept to successful registration and beyond. Secure a strong brand presence with sound legal support.
Common problems with trademark registration – what you should pay attention to
The registration of a trademark with the German Patent and Trademark Office (DPMA) is not automatic. Every trademark application is carefully examined and may be rejected if so-called absolute grounds for refusal exist.
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These include, among others:
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lack of distinctive character of the mark
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descriptive information that must be kept free
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misleading brand components
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contained national emblems or official test marks
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Violations of morality or public order
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Important:
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The DPMA does not check whether identical or similar-sounding trademarks already exist.
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Without a prior trademark search, there is a risk of costly opposition proceedings or warnings for trademark infringement.
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As an experienced trademark law firm, we provide you with comprehensive support in legally compliant trademark registration – including trademark research, checking for grounds for refusal, and protecting your trademark against third parties.
Avoid costly mistakes – have your trademark professionally reviewed before registering. Contact us now for a free, no-obligation consultation.
Trademark monitoring and trademark maintenance – ensuring protection after registration
Even after your trademark has been successfully registered, ongoing protection is crucial. Conflicts with younger trademarks or third-party trademarks can arise at any time. Professional trademark monitoring helps identify potential conflicts early and take timely action.
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Our firm takes care of ongoing trademark monitoring for you – reliably and at a fair annual flat rate.
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In addition, actively maintaining your brand is essential.
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Due to the mandatory use requirement under trademark law, you otherwise risk your trademark being classified as purely descriptive and thus liable to cancellation.
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Prevent descriptive use by third parties and protect the long-term economic value of your brand.
Secure your trademark rights sustainably – have your brand professionally monitored and maintained. Request advice now!
Trademark registration in 3 steps – How to protect your trademark legally
Under German trademark law, there are various ways to obtain trademark protection. However, the most effective and secure way is to apply for and register a trademark with the German Patent and Trademark Office (DPMA).
Trademark protection can arise in three ways:
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through the use of a sign in commercial transactions (Section 4 No. 2 of the Trademark Act)
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through notoriety (Section 4 No. 3 Trademark Act)
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by application and registration with the DPMA (Section 4 No. 1 of the Trademark Act)
Although an official trademark registration is not mandatory, it is the simplest and most legally secure method. Alternative forms of protection such as notoriety require complex proof of common usage – which can be costly and risky.
Trademark registration can be filed nationally with the German Patent and Trademark Office (DPMA), EU-wide with the EUIPO, or internationally through WIPO. However, three steps are crucial for successful registration:
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Trademark research – avoiding collisions
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Before registering, you should check whether identical or similar trademarks have already been registered.
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Because existing, older trademarks are given priority, a comprehensive search—of identical and similar-sounding trademarks—is essential to avoid subsequent warnings or cancellation proceedings.
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Checking eligibility for registration – identifying legal hurdles early
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Not every trademark is registrable.
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The Trademark Office rejects trademarks if, for example, they lack distinctive character, are misleading or contain descriptive information.
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The legal review in advance protects you from unnecessary rejections and costs.
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Creation of the goods and services list – strategic planning
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In your trademark application, you must specify exactly which products or services the trademark is to be protected for.
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These are divided into different classes based on the Nice Classification.
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The selection of the right classes and also of the individual goods and services is crucial – both for the scope of protection and for the registration costs.
Would you like to have your trademark professionally registered and legally protected? Our firm will reliably guide you through the entire registration process – from research to successful registration.
Trademark monitoring and trademark maintenance – ensuring protection after registration
Even after your trademark has been successfully registered, continuous protection is crucial, as conflicts with younger trademarks or third-party trademarks can arise at any time.
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Professional brand monitoring helps to identify potential conflicts early and take action in a timely manner.
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Our firm takes care of ongoing trademark monitoring for you – reliably and at a fair annual flat rate.
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In addition, actively maintaining your brand is essential.
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Due to the mandatory use requirement under trademark law, you otherwise risk your trademark being classified as purely descriptive and thus liable to cancellation.
-
Prevent descriptive use by third parties and protect the long-term economic value of your brand.
Secure your trademark rights sustainably – have your brand professionally monitored and maintained. Request advice now!
Legal support for trademark registration – legally secure from the start
Would you like to register and legally protect a trademark? As a specialized trademark law firm, we will support you every step of the way – from initial strategic consultation to successful registration and beyond. With in-depth expertise in intellectual property law, we ensure that your brand is protected and positioned with legal certainty for the long term.
Our trademark services at a glance:
- Individual advice on brand strategy: We will help you select a suitable brand name and develop a customized registration strategy with you.
- Checking the protectability of your trademark: We will clarify whether your mark has the necessary distinctive character and whether there are any grounds for registration.
- Trademark search at the DPMA, EUIPO and WIPO: To avoid collisions with existing trademarks, we conduct comprehensive identity and similarity searches.
- Creation of a tailor-made list of goods and services according to the Nice Classification.
- Formulation and filing of the trademark application: We handle all correspondence with the trademark office and accompany you until you receive the trademark certificate.
- Objection procedure: We will represent you legally if third parties file an objection against your trademark – or if you wish to take action against a younger trademark.
- Enforce trademark protection: We help you defend your trademark both in and out of court – for example, through cease-and-desist letters, contractual penalties, injunctions, or lawsuits.
Your advantage: legal clarity, economic security, and professional brand management. Get expert support with your trademark registration – nationally, Europe-wide, or internationally.
Frequently Asked Questions (FAQ)
A registered trademark protects the name, logo, or other distinctive mark of your company or product from imitators. You receive exclusive rights of use and can legally take action against trademark infringements.
In principle, words, logos, letter combinations, numbers, slogans, shapes, colors, sounds or even holograms can be registered as trademarks – provided they are distinctive and not descriptive.
The trademark application is processed in several steps: trademark search, examination of protectability, preparation of the list of goods and services, filing of the application with the DPMA, EUIPO or WIPO, and, if necessary, defense in opposition proceedings.
The official fees for a national application with the DPMA start at €290 (for up to three classes). Additional fees include legal advice, additional classes, and research services.
The Nice Classification is an international system for classifying goods and services into 45 classes. When registering a trademark, you must specify the classes for which your trademark claims protection.
A registered trademark is initially protected for 10 years and can be renewed as often as desired for further 10-year periods – provided the renewal fees are paid on time.
Absolutely! Without a professional trademark search, you risk your brand infringing existing trademark rights – which could lead to cease-and-desist letters, oppositions, or cancellation proceedings.
The Trademark Office rejects trademarks if, for example, they lack distinctive character, are descriptive or misleading, contain national emblems or are contrary to public policy.
Yes. In addition to a national registration with the DPMA, an EU-wide registration with the EUIPO or an international registration through WIPO is also possible – depending on your target market.
A specialized trademark attorney will help you avoid legal pitfalls, protect you from costly mistakes, and reliably guide you through the entire registration process—from research to registration and defense of your trademark.
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