Detailed information regarding the list of goods and services
Certain guidelines have to be taken into consideration for preparing lists of goods and services. Here you can read what is particularly important.
Preparing lists of goods and services - avoiding objections
Goods and services, for which the trade mark is intended to be used must be specified exactly - it is not sufficient to indicate only the class numbers (for example, “12, 22, 36”). Goods and services must be exactly specified in lists thus allowing to clearly define the scope of protection of a trade mark in case of a later dispute. General terms, for example, “machines” or “systems” are “not sufficiently specified”. If you use vague terms, the time for processing the application may be considerably longer.
To avoid that the list of goods and services is objected to, you should prepare it by directly using the harmonised classification database (TMclass) Details are available in the guidance on usage (in German).
If you file a paper-based application, use the respective section provided on the application form for preparing the list of goods and services; if the space provided on the form is not sufficient, further sheets may be attached to the application form. Separate the individual goods and services terms by a semicolon ( Information in German on the preparation of lists of goods and services).
Please also note that the examination of particularly extensive lists of goods and services requires substantially more time and effort. This leads to markedly longer processing times. Therefore, if possible, use the group titles of the HDB (LINK to the document) to avoid overlong lists.
In addition, the more classes of goods and/or services you claim, the more likely it is that an opposition will be filed against the registration of your trade mark.
Mandatory grouped form
Goods and services must be listed separately for each class and the classes must be listed in ascending numerical order, for example:
Class 3: cosmetics; cosmetic preparations for baths;
Class 5: pharmaceuticals; medicines for dental purposes;
Class 44: hygienic and beauty care for human beings or animals;
Lists of goods and services that are not arranged in groups may cause considerable delay in processing. If the applicant does not subsequently file a list of goods and/or services that is arranged into groups this may lead to the refusal of the entire application.
Detailed information on how to arrange the lists of goods and services into groups is provided in the German information sheet Klasseneinteilung der Waren und Dienstleistungen.
You can propose one of the classes claimed as the leading class. The leading class is meant to reflect the economic focus of the goods and/or services for which the trade mark is intended to be used. Your proposal of a leading class is not binding for the DPMA, however, it is usually taken into account. The leading class determines which trade mark division is in charge of processing the application.
The amount of the fees payable is stated in the summary of your online application or in your acknowledgement of receipt. The amount of the fee consists of the basic application fee for up to three classes and class fees, if any.
The indicated amount of the fees must be paid within three months after filing the application. If the basic application fee amount is not received in due time by the DPMA, your application will be deemed to be withdrawn. If the full amount of the class fees is not paid in due time, the leading class will be considered first and then the following classes in the order of their classification if the applicant has not determined which classes should be covered by the fee paid, within the period fixed for subsequent supplementary payment. The application is deemed to be withdrawn for the classes for which no fees were paid.
If, in the case of lists of goods and/or services worded freely, it is found that further goods and service classes need to be added, for which fees must be paid, for example, because goods were attributed to an inappropriate class that belong to another class not yet indicated, you will be notified about that and about the corresponding class fees. Then, you can decide whether you wish to pay these fees or rather abandon the goods and/or services.
Do you know ...
... that the amount of fees essentially depends on the number of classes you choose? Detailed information about this issue is available on our fee page.
Last updated: 18/10/19