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Provisions and formal requirements

How to file the representation of the trade mark

  • The size of sheets used for the representations of the mark must not exceed A4 size (height: 29.7cm, width: 21cm).
  • The space used for reproduction of the trade mark (type area) must not exceed 26.2cm x 17cm.
  • The minimum size of the trade mark representation must be 8cm in width or 8cm in height (Sec. 8 (3) Trade Mark Ordinance).
  • The sheet must be typed on one side only.
  • The minimum margins must be 2.5cm at the top and the left-hand side of the page.
  • "Top" or "bottom" must be indicated on each representation to indicate the correct position of the trade mark, if it is not obvious from the illustration.

Formats of data carriers

The following formats are accepted for electronic data carriers pursuant to Sec. 6 (4), third sentence, Designs Ordinance and Sections 8 (5), third sentence, 11 (5), no. 1, first sentence, Trade Mark Ordinance:

  • CD-R
  • CD-RW
  • DVD-R
  • DVD+R
  • DVD-RW
  • DVD+RW.

What has to be taken into account regarding the list of goods and services?

Formal requirements

  • The goods and services intended to bear the trade mark must be expressed in words on the form - it is not sufficient to give only the numbers of the classes (for example, "12, 22, 36").
  • If the space provided on the form is not sufficient, further sheets may be attached to the application form. Two copies of the list of goods and services must then be attached to the application.
  • The lists must be filed in font size 11 and 1.5 line spacing (Sec. 20(4) Trade Mark Ordinance).

Grouped form

Grouped form of the list of goods and services means that the goods/services belonging to each class must be listed separately and the classes must be given in ascending numerical order, for example:
Class 3: soaps;
Class 5: pharmaceutical products;
Class 44: hygienic and beauty care for human beings or animals.
Applications with lists of goods and services that are not at all arranged in groups may result in considerable delay in processing. If the applicant does not subsequently file a list that is arranged into groups it may even lead to the rejection of the entire application.

Detailed information on how to arrange the lists of goods and services into groups is provided at: pdf- Datei "Klasseneinteilung der Waren und Dienstleistungen" (list of the classes of goods and services).

Information on payment for additional classes in case of preliminary classification

If the number of classes listed after preliminary classification by the DPMA exceeds the number of classes indicated by you in the application please note the following:
Under Sec. 36 (3) Trade Mark Act, the leading class will be taken into account first, followed by the other classes in ascending numerical order of class numbers, if

  • the applicant failed to pay a sufficient amount to cover the class fees according to the preliminary classification within 3 months after filing the application or
  • the applicant failed to make instructions which classes of goods and services should be covered by the fee amount paid.
  • The application is deemed to be withdrawn for the classes for which no fees were paid.

You will be notified by the DPMA, if, within the course of processing, the DPMA finds that further goods and service classes need to be added, for which fees must be paid.

Please note:

The amount of the fee payable for an application depends on the number of classes indicated. The application fee of EUR 300.- includes 3 classes. However, the more classes of goods or services you indicate, the higher the probability of oppositions by owners of earlier trade marks to the registration of your trade mark. Furthermore, the Trade Mark Act prescribes a so-called "compulsory use" of all goods and services claimed. This means that you must actually put the trade mark to use in trade in connection with all the goods and services claimed in order to be able to maintain the right.

For these reasons, you should indicate only those goods and services in the list of goods/services that you actually want to offer, even if this means that possibly fewer than three classes are claimed.

Please also note that the examination of particularly long lists of goods and services requires substantially more time and effort. This leads to markedly longer processing times.

© 2013 Deutsches Patent- und Markenamt | 22.02.2013