Required data and documents

Detailed information regarding the applicant's data

• If the trade mark is to be registered for a company, the trade name of the company as registered in the commercial register must be indicated.
• If an applicant is registered as legal person in a register, the name corresponding to that of the register entry must be indicated.
• If the application is filed for several persons, the names and addresses of residence of all individuals must be given.
• Non-registered associations can also be owners of IP rights and may be registered in the trade mark register, if the name and address of at least one member entitled to act as representative are indicated.
• A partnership under the Civil Code can be registered in the trade mark register, if the name and the address of a least one partner entitled to act as representative are indicated (Section 5 (1) No. 2, second sentence, Trade Mark Ordinance).
• As a limited liability company existing prior to registration in the commercial register, the limited liability company in formation (GmbH i. G.) can also be registered in the trade mark register. Please note that after registration in the commercial register, a request for changing the register entry to the limited liability company (GmbH) must be filed. Then an uncertified copy of a commercial register excerpt must be attached to the request.

Detailed information regarding the representation of the trade mark

• For word marks (Sec. 7 Trade Mark Ordinance) the usual characters (letters, numbers or other characters, see list of allowed characters) must be used to represent the trade mark on the application form.
• For all trade marks, except for word marks, two identical graphical representations of the trade mark must be attached to the application form. Special provisions apply to the format of the reproduction (illustration).
• The representation of the trade mark can additionally be filed on an electronic data carrier (CD or DVD).
• If a three-dimensional shape is filed for registration as a trade mark (three-dimensional mark) it is possible to submit a maximum of six different views of the trade mark (two copies each). The special provisions must also be met regarding the format of the reproduction (illustration).
• If the trade mark is to be registered in colour instead of black and white, the respective colours must be named (for example, red, green, yellow). The use of RAL, Pantone or HKS colour codes is not sufficient.
• If you file applications for trade marks in colour in advance by fax, you should keep in mind, that the date when the fax is received will only be accorded as filing date, if the allocation of colours can be clearly identified on the fax.
• If trade mark protection is sought for a sound (sound mark), a sound representation of the trade mark on an electronic data carrier (CD or DVD) must be attached to the application in addition to the graphical representation of the trade mark (represented by a music notation system).

Detailed information regarding the list of goods and services

The goods and services must be specified exactly so that they can be attributed to the correct class of goods and services. This allows to clearly define the scope of protection of the trade mark in later disputes. To draft your list of goods and services please use the

• Suche (the search engine for goods and services), (the search engine for goods and services), which contains
  • the terms of the (1,5 MB) "Alphabetical List of the International Classification of Goods and Services under the Nice Agreement".
    If you use these clear and accepted terms, which have already been checked, we can expedite the processing of your trade mark application.
• If you trade in products, which are not produced by yourself or not arranged by you to be produced, this means if your trade mark does not appear on the product, please consider the decision of the Federal Patent Court (Bundespatentgericht) regarding Einzelhandelsdienstleistungen (retail services).
• Furthermore, you have to adhere to certain formal provisions for the list of goods and services.
• The list of goods and services filed must be arranged in groups.
• Please note that the examination of particularly long lists of goods and services requires substantially more time and effort. This leads to significantly longer processing times.

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© 2013 Deutsches Patent- und Markenamt | Last updated 13/05/13