Register a trademark: Requirements, procedure and costs at a glance
A name, a logo or a slogan - Brands serve not only as Recognition value and are Part of a professional appearance for companies, but offer at the same time legal protection and clear competitive advantages.
Do you want to register a trademark and have it examined?
Why should you register a trademark at all?
The brand itself serves as recognition value for the company, creates trust and sets its own product or service apart in the market - but first the Registration secures the registered Brand.
- Exclusive right: A registered trademark gives you the exclusive right to use the trademark for the protected goods and services. This applies, for example, to word marks, figurative marks or word/figurative marks.
- Protection from imitators: If third parties use an identical or confusingly similar sign for identical or similar goods or services, claims for injunctive relief, information and, if applicable, damages may be considered
- Protection against later registrations: Oppositions against subsequent similar trademark applications and registrations can be filed in good time.
What can you register?
Much more can be registered as a trademark than just a logo or word.
The decisive factor for protectability is that the sign - the trademark as so-called. Indication of origin suitable is. This means that Trademark must be suitable to show the customer from which company the goods or services originate, i.e. on the operational Origin point out
The prerequisite for this is that the sign distinctiveness, has the legal capacity to act as an indication of origin. This is the case if the sign can be used to identify the offers of a company. from others.
Typical signs that can be trademarks:
- Word marks such as a company name, product name or slogan,
- Figurative marks like a pure logo
- Word/figurative marks, i.e. name plus graphic design.
In principle, even Domain names, Shape marks (3D shapes), sounds can be registered as a trademark if they meet the requirements for trademark protection.
Your contact person:
Lawyer
Specialist lawyer for intellectual property rights
Phone: +49 30 36 41 41 90
E-Mail: kontakt@abd-partner.de
More articles from
Dr. Norman Dauskardt:
What do you need to consider when registering a trademark?
What are the hurdles involved in registering a trademark?
When applying for a trademark, it is particularly important to consider whether the desired sign can be protected at all and what risks the application for the specific sign entails. This allows unnecessary application costs and possible legal disputes to be ruled out in advance.
Please note the following:
- Not everything can be registered
A trademark application is excluded from the outset in particular if the sign itself already fails due to absolute grounds for refusal. This is typically the case when the character no distinctive character is not understood by the public as an indication of origin, or if the goods or services only describes and must therefore be kept free for all competitors.
- Registration excluded from the outset
Also problematic are Generally used designations, misleading information, Offenses against public order or morality and contained national emblems such as flags or coats of arms. It is precisely these absolute grounds for refusal that the DPMA examines in the application procedure.
Another clear exclusion case concerns Shapes or other characteristic features of a product: there is no protection if they are due to the nature of the goods themselves, Technically required or value-forming are. Such designs should not be monopolized via trademark law (§ Section 3 (2) MarkenG).
Since the modernization of trademark law, certain trademarks are also Protected geographical indications and designations of origin, traditional wine designations, Guaranteed traditional specialties and registered variety denominations to the absolute grounds for refusal.
- Risk of legal dispute: prior rights of third parties
Before applying for a trademark, it is essential to be checked beforehand, whether to the effect that prior right of a third party exists.
Because even if your trademark can be formally registered, it can still be with older brand or trademark rights collide.
Important to know: The DPMA checks in the application process not on its own initiative, whether older rights exist. This is precisely why a thorough trademark search is particularly important before filing an application.
What do you need for a trademark application?
- WHERE do I register my trademark?
Where your brand register, decides about it, in which area protection can arise.
- One German brand report to the DPMA on. It protects in Germany.
- One Union trademark report to the EUIPO it has a uniform effect in all member states of the European Union.
- About the Madrid system of WIPO you can use a national or regional base brand as a basis for international protection in selected contracting states request.
Registration itself is often possible via the website itself, for example with the DPMA, which enables online, signature-free registration with a signature card or registration in paper form.
You can find detailed information about the registration location in our Guide to trademark registration.
- What do I need for my trademark application?
For a trademark application you basically need:
- Details of the notifying person
- the brand itself or its representation
- a list of the goods and services for which protection is claimed
This minimum information is required for registration. Especially the List of goods and services should carefully created become, because the Protected area your brand significantly depends on it.
Corresponding information for the respective application is usually displayed on the office's own website. The DPMA for the German trademark application itself a good Overview the information required for the application.
A detailed presentation of the Procedure of a trademark application can be found in our already published Guide to trademark registration.
In addition to this minimum information, a thorough preliminary examination and search is recommended, in particular to rule out rejection of the application and/or the risk of legal consequences.
- Do you need a lawyer for this?
Legal representation is required for the trademark application. not mandatory prescribed.
In many cases Legal support but sensible, especially in the Preliminary examination the Protectability, with the Trademark search and with the strategic decision, whether a German, European or international Registration is more sensible.
This applies in particular if similar signs already exist on the market or if objections or contradictions are to be expected. The offices themselves provide information on the application requirements, but do not replace a strategic case-by-case examination.
Costs of a trademark application
What costs will I incur?
The costs of a trademark application depend in particular on this, where the trademark is registered and for how many classes protection is applied for.
Brand in Germany
DPMA
290,- € Registration fee for electronic registration
300,- € Registration fee for Registration in paper form
- Up to 3 classes of goods and services
- Each additional class plus 100 €
Union trademark
EUIPO
- One class
- 50,- € for the second Class
- 150,- € for each additional Class
International trademark registration
1. processing fee for the office of the base brand:
- DPMA = 180,- €,
- EUIPO = 300,- €
2. basic WIPO fee for a new application: 653 CHF - black and white stamp, 903 CHF - a color mark (plus additional fees depending on the designated countries and classes)
You can already find the differences between the various offices and registrations in our Guide to trademark registration illuminated in detail.
Have your trademark examined and registered now
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Trademark application vocabulary
Classes
= Goods and services are divided into classes when you apply for a trademark. The protection of your trademark only applies to the registered classes.
Exclusive right
= This is the right of the trademark owner to use the registered trademark for the protected goods and services alone
Indication of origin
= A brand must be able to show the public which company a product or service comes from.
distinctiveness
= A sign must be capable of distinguishing the offers of one company from those of other companies. If this suitability is lacking, the trademark is usually not registrable.
FAQ
1 Where can I register my trademark?
- At the DPMA for Germany, at the EUIPO for the entire EU or via the WIPO for international protection in selected contracting states
2 Do I need a lawyer for the application?
- No, this is not mandatory. In many cases, however, legal support is useful, especially when it comes to research and strategy.
3 What do I have to consider when registering my trademark?
- Above all, the protectability of the trademark, the correct classes and possible earlier rights of third parties. The DPMA does not automatically check earlier rights.
4 How much does a trademark application cost?
- This depends on the office and the number of classes. At the DPMA, the official fees currently start at € 290 (online), at the EUIPO at € 850.