FAQ – TRADEMARK FILING GERMANY
HOW LONG DOES IT TAKE TO REGISTER A TRADEMARK IN GERMANY?
In general we file your trademark within 3-5 days after your assignment. In „Express“ option we may do so within 48hrs (weekdays). An early filing date is always good, since trademark law has the principle of „first come, first served“. The German Patent and Trade Mark Office (DPMA/GPTO) will then check and register you trademark in about 4-6 months. If you opt for an accelerated examination of the application (+200 EUR office fees) registration may take place in about 4-6 weeks. After trademark registration there will be a 3 months period for possible oppositions against the registration of your trademark.
HOW MUCH DOES A EUROPEAN UNION TRADEMARK REGISTRATION COST?
In Germany we have a multiclass system. So you always pay the basic application fee of 290 EUR including 3 classes (office fees). Additionally there is a class fee for the 4th class and for each additional class of 100 EUR. If you want to accelerate the filing – i.e. registration within 4-6 weeks instead of 4-6 months – you have to pay an additional 200 EUR.
Additionally you have to calculate our trademark lawyers fees for consultation, research and filing the trademark starting as low as 250 EUR. However, since trademark conflicts are easily quite expensive and you should work with you trademark on a safe basis, we always recommend to let us conduct a comprehensive trademark research before filing your german trademark.
I NEITHER LIVE IN THE EUROPEAN UNION NOR DO I HAVE A PLACE OF BUSINESS INSIDE EU. MAY I FILE A EUROPEAN UNION TRADEMARK ANYWAY?
Yes, of course. However, if you do not have a place of business, a real and effective establishment or your domicile in the European Union, you must appoint a representative for all proceedings before the German Patent and Trade Mark Office (DPMA/GPTO). If you choose to file your trademark in Germany with us our german trademark lawyers will automatically be your representatives before the German Patent and Trade Mark Office (DPMA/GPTO).
FOR HOW LONG IS A TRADE MARK REGISTERED IN GERMANY?
Trade mark protection becomes effective upon the registration of your trademark in the register. The term of protection starts on the application date and lasts 10 years. It can be renewed by further 10-year periods, by payment of the renewal fee. If you register a trademark with us, you will get automatically informed, when you have to renew your trademark.
IF SOMEONE INFRINGES MY TRADE MARK. CAN YOU SEND HIM OR HER A CEASE AND DESIST LETTER?
Sure. We cooperate in Germany with highly specialized trademark attorneys of BREUER LEHMANN RECHTSANWÄLTE that might examine your case and do everything to protect and defend your trademark against any infringing operations. Just give us a call or send us your case via eMail: firstname.lastname@example.org.