Trademark Attorneys-at-Lawhorak Trademark Lawyers/ Trademark Attorneys is a leading trademark consultancy that provides the full range of trademark services, from trademark portfolio management, trademark disputes and trademark enforcement through to trademark strategy, trademark consulting and trademark commercialisation. You may: - file a trademark in Germany, Europe or international, or national abroad (worldwide)
- announce a trademark representative in Germany, Europe or international, or national within the EC (e.g. in Austria, UK, France, Spain, Portugal etc)
- perform any kind of trademark, trade name, firm name, domain name searches, including FTO researches (Freedom-to-Operate)
Our trademark law firm is big enough to provide a broad range of skilled and highly specialised legal trademark services and yet small enough to approach each client individually. We advise middle-sized and large companies, economic institutions and corporations of different sizes as well as private clients in almost all areas of national and international trademark and related law. This aspect is not too bad. However, we do offer more. Our trademark attorneys are highly specialised experts. You might already know us from former co-operation. You may have read scientific publications written by one of or lawyers, you may have participated in our seminars or you may have heard about us elsewhere. Should this be the first time that you were informed about us, you will get to know us as a reliable legal partner who will help you achieve your goal. Activities all over the country and abroad are commonplace nowadays. Therefore, we are a member of several cooperation networks of trademark law firms worldwide including in particular the USA/ Canada, South America, Asia, Australia and Africa. Our Trademark Attorneys have representative authority in all local, regional and regional appeal courts including european courts. Of course, we also represent our clients before German, European and international authorities and courts of intellectual property law, including the DPMA (German Patent and Trade Mark Office), EPA (European Patent Office), EUIPO, WIPO (World Intellectual Property Organization), etc. Trademark Filing Law in Germany, Europe, and InternationallyTrademark laws vary by jurisdiction but share common principles to protect brand identity and prevent consumer confusion. Below is an overview of trademark filing in Germany, the European Union (EU), and internationally.
1. Trademark Filing in GermanyGoverning Body- Trademarks in Germany are registered with the German Patent and Trade Mark Office (Deutsches Patent- und Markenamt, DPMA).
Legal Framework- Governed by the German Trademark Act (Markengesetz).
- Implements the EU Directive on Trademarks and complies with international treaties.
Key Steps in FilingConduct a Trademark Search: - Check for existing trademarks using the DPMA database.
- Optional: Consider international and EU trademark databases for broader coverage.
File an Application: - Applications can be submitted online or in writing.
- Requirements:
- Applicant details.
- Representation of the trademark (word, logo, or combination).
- List of goods and services (aligned with the Nice Classification system).
- Pay the filing fee (starts at €290 for electronic applications).
Examination by the DPMA: - The DPMA examines:
- Formalities.
- Absolute grounds for refusal (e.g., generic or descriptive terms).
- No examination for conflicts with earlier trademarks; this is the applicant's responsibility.
Publication and Opposition: - Once approved, the mark is published in the Trademark Gazette (Markenblatt).
- Third parties have 3 months to file an opposition.
Registration: - If no opposition is filed or upheld, the trademark is registered and valid for 10 years.
2. Trademark Filing in the European UnionGoverning Body- Managed by the European Union Intellectual Property Office (EUIPO).
- Grants an EU Trademark (EUTM), which is valid across all EU member states.
Legal Framework- Governed by the EU Trademark Regulation.
- Harmonized laws across member states.
Key Steps in FilingConduct a Trademark Search: - Use the EUIPO database (TMview) to check for conflicts.
File an Application: - Requirements:
- Applicant details.
- Representation of the mark.
- List of goods and services (Nice Classification).
- Fees start at €850 for one class of goods/services.
Examination by the EUIPO: - Checks for formalities and absolute grounds for refusal.
- Does not check for earlier conflicting trademarks.
Publication and Opposition: - Published in the EU Trademark Bulletin.
- Third parties have 3 months to file an opposition.
Registration: - If no opposition arises, the mark is registered and valid for 10 years, renewable indefinitely.
Advantages of EUTM- Unified protection across 27 EU countries.
- Cost-effective compared to filing in each country individually.
3. International Trademark FilingGoverning Body- Administered by the World Intellectual Property Organization (WIPO) under the Madrid System.
Legal Framework- Governed by:
- Madrid Agreement (1891).
- Madrid Protocol (1989).
- Allows centralized filing and management of trademarks in multiple countries.
Key Steps in FilingEligibility: - Applicants must have a registered trademark or pending application in their home country (called the "basic mark").
File Through a National Office: - Submit an international application via the DPMA, EUIPO, or other national offices.
- Fees include:
- WIPO basic fee (starts at CHF 653 for black-and-white marks).
- Additional fees for each designated country.
WIPO Review: - Checks for formalities and forwards the application to designated countries.
National Examination: - Each designated country examines the application under its local laws.
- Timeframe for refusal: 12–18 months.
Registration: - If no refusal is issued, the mark is registered and protected in the designated countries.
Advantages of the Madrid System- Simplified application process.
- Centralized management for renewals and changes.
- Cost-effective for multinational filings.
Comparison of Filing OptionsAspect | Germany (DPMA) | EU (EUIPO) | International (Madrid) |
|---|
Scope | Germany only | All 27 EU countries | Countries in the Madrid System | Cost | €290+ | €850+ | Varies (WIPO fees + national fees) | Time to Register | ~6 months | ~4-6 months | 12-18 months | Opposition Period | 3 months after publication | 3 months after publication | Varies by country | Renewal Period | 10 years | 10 years | 10 years |
Key Considerations- National vs. Regional Filing: Choose German registration for domestic focus; EUIPO for EU-wide protection.
- International Strategy: Use the Madrid System for global expansion but ensure the "basic mark" is robust.
- Pre-Filing Searches: Crucial to avoid costly disputes.
Always consult a trademark attorney or legal expert to navigate jurisdiction-specific complexities. | 
