Trade marks identify products and services of an enterprise. They stand for the quality of an enterprise and are part of the company's intellectual property, just like patents. A strong trade mark is a valuable asset.
Anyone can file a trade mark. Trade mark protection is available for words, letters, numbers, pictures, and even colours and sounds. Create a unique sign! Otherwise your application might be refused.
Trade marks identify the goods and services of particular traders. Signs that are suitable for distinguishing products or services of a particular enterprise from that of other companies are eligible for trade mark protection. These signs may consist of words, letters, numbers, pictures, or even colours or sounds.
Trade mark protection in Germany arises from the entry in the register of the German Patent and Trade Mark Office and is subject to a prior application. Trade mark protection may also arise from due to intensive use of a sign in the in course of trade or from the fact that a sign is well-known.
Registration of a trade mark confers to its owner the exclusive right to use the trade mark in relation to the protected goods and/or services. Trade mark owners can sell and assign their trade marks anytime. The owner of a trade mark can grant others a right of use of the trade mark (trade mark licence).
A trade mark can be renewed indefinitely and last forever. If the renewal fee is not paid every ten years, the registration will be cancelled.
Trade marks registered at the German Patent and Trade Mark Office are exclusively effective in the Federal Republic of Germany. If you wish to extend protection, you can apply for international registration at the World Intellectual Property Organization (WIPO/OMPI). This application must be filed at national IP (industrial property) office.
If you seek protection in the countries of the European Union, you can file an application for a Community trade mark at the Office for Harmonization in the Internal Market (OHIM).
The German Patent and Trade Mark Office is part of the European Trade Mark and Design Network (ETMDN). Detailed information is available at http://www.tmdn.org.
Pursuant to Regulation (EU) No. 1151/2012 (cf. also Sections 130 to 136 German Trade Mark Act)
may be registered for certain agricultural products and foodstuffs.
The application for registration of a geographical indication/ designation of origin must be filed at the DPMA. The examination is conducted in two stages, first by the DPMA and then by the European Commission, which also carries out registration. More information is available in the brochure Information on the protection of geographical indications and designations of origin.
These pages summarise the basic facts about trade marks. For this reason, they contain simplified and generalised statements. It is not possible to present all trade mark issues here in an exhaustive and authoritative manner. For more detailed information please see the fact sheets published by the DPMA or, in case of doubt, the legal texts. The legal basis for trade marks is laid down in the Markengesetz (trade mark law) and the Markenverordnung (trade mark ordinance).
© 2013 Deutsches Patent- und Markenamt | Last updated 06/12/13