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Lawyer trademark registration process Aschau
Trademark law services
Trademark registration – the key to protecting your business
Registering a trademark is an essential step toward a successful and secure brand strategy. It grants you exclusive rights of use and protects your company from the competition. A registered trademark not only helps build your reputation, but also minimizes the risk of confusion with other brands and protects against unauthorized use.
Registering a trademark is the first step toward legally protecting your brand. The process involves several important steps, which we'll outline here:
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Registration of the trademark with the trademark office: Submit your trademark application to the German Patent and Trademark Office (DPMA) or another competent authority.
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Payment of the registration fee: After registration, the relevant trademark registration fees must be paid.
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Examination of the trademark application by the DPMA: The trademark office examines the application for registrability and possible objections.
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Registration of the trademark in the trademark register: After a positive review, your trademark will be officially registered and receive legal protection.
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Waiting for the objection period: There follows a period of 3 months during which third parties can object to the registration.
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Permanent trademark monitoring after registration: To continue to protect your brand, regular brand monitoring is useful to detect potential infringements at an early stage.
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Renewal of trademark protection after 10 years: Trademark protection is valid for 10 years and can be renewed thereafter to protect your brand in the long term.
As a specialized trademark law firm, we have many years of experience and comprehensive expertise. Our goal is to legally protect your brand from the outset, allowing you to focus on your business.
Step 1: Registering the trademark with the Trademark Office – How to proceed
Registering a trademark with the German Patent and Trademark Office (DPMA) requires precise information. Make sure you submit all required information correctly to ensure effective trademark protection. You must observe the following points when registering:
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Indication of the identity of the applicant
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When registering a trademark, please provide the applicant’s exact company details.
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This includes the company name, address and legal structure of the company.
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Exact description of the brand
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Submit the trademark exactly as it will be used later.
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This applies to both written and electronic submissions. Please observe the formatting guidelines established by the German Patent and Trademark Office (DPMA) to ensure a smooth application process.
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Choice of list of goods and services
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Select the goods and services relevant to your trademark from the 45 classes of the Nice Classification (e.g. clothing, cosmetics, electronics).
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Each class represents a specific product category that your trademark protection should cover.
Our trademark law firm is at your side with comprehensive advice and support throughout the entire registration process. Get a free, no-obligation consultation now and secure your trademark!
Step 2: Payment of the registration fee
The registration fee for a trademark is €300 for up to three classes. Each additional class costs €100. If you file the application electronically, the basic fee is reduced to €290.
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Choosing the right classes is important not only for cost reasons.
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There is a requirement to use the trademark, which means that you must actually use the trademark in the selected classes in order for the trademark protection to remain in place.
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In addition, the examination and processing time will be longer if you select many classes.
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The following fees apply for registering a trademark with the DPMA:
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Basic fee (for 3 classes): 300 € (electronic: 290 €)
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Additional classes: 100 € per class
Would you like to securely register and legally protect your trademark? Our trademark law firm supports you every step of the way – from registration to monitoring your trademark protection. Contact us now and register your trademark legally!
Step 3: Examination of the trademark application by the DPMA – What happens after submission?
After you submit your trademark application to the German Patent and Trademark Office (DPMA), a thorough examination of the application will be conducted. However, the DPMA only checks whether there are any absolute grounds for refusal that could prevent the trademark from being registered. This examination is based on the following criteria:
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Is the trademark protectable?
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The trademark must be distinctive and must not contain purely descriptive or generic terms.
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Are the formal registration criteria met?
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The DPMA checks whether the application complies with the legal requirements and whether all necessary information has been submitted correctly.
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Is there a risk of misleading or deceptive consumers?
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The trademark must not be misleading or mislead the consumer.
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The DPMA examines whether the trademark could in any way result in consumer deception.
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Does the trademark violate any laws or morality?
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The trademark must not violate any existing laws or regulations and must be in accordance with good morals.
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If the DPMA finds deficiencies during the examination, such as a lack of distinctive character or an obvious risk of misleading, the entrepreneur will be informed of the objections.
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If the entrepreneur does not respond or does not remedy the deficiencies, the trademark application will be rejected.
To ensure your trademark application is successful, it is important to submit it on time and correctly. Our trademark law firm will guide you through the entire process and help you avoid errors during registration. Start your legally compliant trademark application now – with support from experienced trademark attorneys!
Step 4: Registration of the trademark in the trademark register – Official trademark protection
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If there are no objections or if these have been successfully remedied by the entrepreneur, the trademark is registered in the trademark register of the DPMA.
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With this registration, the trademark receives legal protection and the entrepreneur receives the exclusive right to use his trademark.
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In addition to registration, the new trademark will be published in the DPMA’s public trademark gazette to inform the public about trademark rights.
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This publication allows other companies or individuals to object to the trademark if they believe that the trademark infringes their own rights.
Our trademark law firm supports you in registering your trademark and ensures that you correctly complete all necessary steps to permanently secure your trademark protection.
Step 5: Waiting for the 3-month opposition period – What happens after the trademark is published?
After the trademark has been published in the DPMA's Trademark Gazette, owners of older trademarks or competing trademarks have the opportunity to file an opposition against the registered trademark. This is because the DPMA does not examine whether existing intellectual property rights are infringed.
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Objections are based on so-called relative grounds for refusal, which become effective in the following cases:
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There are already older, identical brands.
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The risk of confusion with older trademarks is too high.
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Objection period of 3 months
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After the trademark has been published, third parties have three months to file an opposition to the application.
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If the opposition is successful, the trademark will be deleted and the trademark application will be declared invalid.
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It is important to note that trademark registration fees are non-refundable in this case.
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Trademark protection for 10 years
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After successful registration, trademark protection lasts for 10 years and can then be renewed for a fee to maintain trademark protection in the long term.
Make your trademark registration legally secure: Let us professionally guide you through the entire registration process and avoid potential disputes. Our trademark law firm will help you successfully and permanently protect your brand.
Step 6: Permanent trademark search after registration of the trademark – securing long-term trademark protection
After a successful trademark application and the expiration of the three-month opposition period without objections, trademark protection is valid for 10 years, beginning with the date of receipt of the application. However, protection does not end with registration – it is crucial to continuously monitor your trademark even after registration.
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Why permanent brand research is important
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It is important to check trademark registers regularly to ensure that no new trademarks have been registered that could infringe your trademark.
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If you encounter a potential trademark infringement, you can file an objection within the statutory time limits.
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Helpful tools for brand monitoring
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Specialized tools help you quickly and effectively identify infringements of your trademark rights – especially on the Internet.
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These tools enable regular and automated monitoring so you can respond to potential conflicts in a timely manner.
Our trademark law firm supports you with trademark monitoring and ensures that your rights remain protected long-term. We offer customized solutions for preventative trademark research and help you respond quickly to trademark infringements. Request advice on trademark monitoring now and protect your brand permanently!
Step 7: Renewal of trademark protection after 10 years – How to protect your brand in the long term
Trademark protection for a registered trademark is initially valid for 10 years from the date of registration with the Trademark Office. After this period, businesses have the option of renewing the trademark protection – however, for a fee based on the number of classes for which the trademark was originally registered.
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Renewing your brand – What you should consider
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To maintain your trademark protection beyond the first 10 years, you must pay a renewal fee.
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This fee varies depending on how many classes of goods and services were included in the application.
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Make sure you apply for renewal in a timely manner to ensure the continued validity of your trademark.
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Beware of scammers!
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After filing a trademark application, you may receive mail from third parties requesting payment or offering allegedly necessary services related to trademark registration.
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Be careful! Only respond to official mail from the DPMA or the EUIPO, and consult a lawyer if in doubt.
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To prevent fraud, avoid responding to unauthorized offers.
Our trademark law firm supports you not only with registering and monitoring your trademark, but also with renewing it. We ensure that your trademark protection always remains up to date. Contact us for a legally secure trademark renewal!
Make an inquiry now
We will be happy to advise you comprehensively and personally on your concerns.
Make an inquiry now
We will be happy to advise you comprehensively and personally on your concerns.
Professional support with trademark registration – your trademark lawyer
Registering a trademark is the first step to legally protect your brand and differentiate it from the competition. It not only protects your corporate identity but also builds trust with your customers. As specialized trademark attorneys, we will accompany you from the initial idea to successful trademark registration and beyond.
As experienced trademark lawyers, we offer you comprehensive support and advice when registering your trademark:
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Brand strategy advice: We will help you choose the right brand name and determine the right brand form (word mark, figurative mark, combined mark).
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Examination of trademark protection: We ensure that your trademark meets the legal registration requirements and that there are no obstacles to protection.
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Trademark research: Before you register your trademark, we check whether similar or identical trademarks have already been registered to avoid trademark conflicts.
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Preparation of the list of goods and services: We support you in selecting the relevant classes for your trademark, which are divided into the Nice Classification.
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Submission and monitoring of the application: We professionally submit your trademark application to the DPMA, EUIPO or WIPO and accompany you through the entire registration process.
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Objection procedure: If a third party objects to your trademark application, we will represent your interests and help you secure trademark protection.
Rely on the expertise of our trademark law firm. We provide personalized advice, support you throughout the entire registration process, and ensure your trademark is securely and successfully protected. Contact us today for a free consultation on trademark registration and receive legally sound and professional support!
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