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Registration of a German trademark with the DPMA – process and preparation
Expert article on trademark law
1. Preparing the registration
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Trademark research: Before registering, you should check whether identical or similar trademarks have already been registered. This will help avoid future conflicts.
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Choice of brand form: We decide whether a word mark, word/image mark (logo), image mark or another type of trademark should be registered and which variant(s) make legal and strategic sense.
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List of goods and services: Every trademark must clearly state the products and/or services for which protection is sought. The goods and services are divided into specific categories, the so-called "Nice Classes." Careful wording based on the intended products is crucial for trademark protection.
2. Filing the application with the DPMA
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The application is submitted in writing or electronically to the German Patent and Trademark Office (DPMA).
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The official registration fees must be paid upon submission (basic fee for up to three classes when submitted electronically: EUR 290, additional fee for each additional class: EUR 100).
3. Examination by the DPMA
a) Formal examination
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completeness: All required information must be available (applicant, trademark, directory).
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Fees: The official registration fees must be paid on time.
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correctness: Information must be correct.
b) Examination of the list of goods and services
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Clarity and unambiguousness: Each statement must be formulated with such precision that it is clearly identifiable for which products or services the trademark is being protected.
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For example, vague terms that do not clearly indicate the content of the planned product or that are ambiguous are not permitted.
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Classification: The DPMA checks whether the selected terms are assigned to the correct Nice classes.
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revision: If the list is unclear or incorrect, the office requests clarification or correction in the form of a so-called complaint.
c) Substantive examination (absolute grounds for refusal)
The German Patent and Trademark Office (DPMA) examines whether the trademark is registrable. Grounds for refusal include:
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lack of distinctiveness (e.g. purely advertising-related statements)
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purely descriptive information,
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risk of deception,
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protected national emblems,
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Violations of public order or morality.
But: The DPMA examines whether older trademark rights are infringed not – that remains the responsibility of the applicant. That's why a preliminary search is so important.
4. Registration and publication
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If the trademark is accepted, the DPMA enters it in the register and publishes it.
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From publication begins a three-month objection period, in which owners of older trademark rights can challenge the registration promptly and cost-effectively. However, cancellation proceedings against the registration remain possible at a later date.
5. Duration of protection
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A German brand is initially 10 years protected from the date of filing and can be renewed for a further 10 years as often as required.
In short:
Before filing a trademark application, thorough preparation (search, list of goods and services, choice of trademark form) is essential. The German Patent and Trademark Office (DPMA) only checks formalities, not existing third-party rights. Registration creates valuable, long-term, renewable protection for your trademark.
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