If you don’t register your brand name, someone else can. This fact should grab your attention because any imitation of your product or service offering can put your business at risk. Registering your trademark gives you exclusive rights to your product or service, which creates a unique selling point on the market and guarantees permanent protection against possible imitations.
The trademark registration process can be time-consuming and involve bureaucratic challenges. But don’t worry, in this article, we will guide you step-by-step through the registration process. We’ll cover everything from verifying registration availability to obtaining your trademark certificate.
By registering your trademark, you can protect your brand and differentiate yourself from competitors. So start the process today to secure your business’s future success.
Protecting brand name: the advantages of registering a trademark
Registering a trademark publicly ensures that your designation, company name, slogan, or logo is protected. The entry in the trademark register has clarified beyond a doubt that you alone can claim these trademark forms as your property.
In practice, this results in the following advantages for you:
- Registering your brand name can prevent competitors from using products, advertising slogans, logos, or other designations that you have created at great expense. Even if there is a risk of confusion, competitors may not use your registered trademark.
- A trademark registration increases the value of your brand. According to the ISO standard (10668:2010), a registered trademark is one of three components that make up brand equity.
- By registering your brand name, you can save money in the event of a dispute, whether you are accused of infringement or you are accusing someone of infringing your trademark rights.
- Investors appreciate companies that have protected their intellectual property and brand name. A company that does not protect its investments, branding, and commercial identity is difficult to take seriously.
- Using the Registered Trademark symbol (represented as ®) signals to your customers that the product and its commercial origin deserve protection. The symbol increases consumer confidence.
Don’t underestimate the importance of trademark protection for your business. Registering your trademark is essential for securing your business’s future success.
Your company logo is often the first thing customers notice about your business, making it a crucial figurehead. Designing an eye-catching and attractive logo is time-consuming and costly, which is why it’s even more important to have your logo protected.
Copycats may try to misuse your logo to make money at your expense. By registering your logo as a figurative mark, you have the right to take action against these imitators and claim damages for trademark infringement.
The registration process for company logos follows the same rules as for other types of trademarks. In the following, we will guide you through the process step-by-step to help you protect your logo and your business’s identity.
5 steps to success: How to protect your brand name
Here are the individual steps you need to take into account when registering your trademark:
1st step: Registration of the brand name
Trademarks are registered by filing an application with the German Patent and Trademark Office (DPMA). You can register online, by post, in person, or by fax at the patent information centers in Munich, Jena, or Berlin.
In addition to the prescribed application form, the following information is also requested for your trademark protection:
| Identity of the applicant | As an entrepreneur, you enter your company data here. |
| Representation of the trademark to be registered | Describe your brand – the more precise, the better! Remember: When registering a trademark, you must describe your trademark to the DPMA exactly as it is to be used later. |
| Goods and service classes | There are a total of 45 classes of goods and services such as crockery, toiletries, fabrics, footwear, etc. |
2nd step: Payment of the official fee
When registering a trademark, there is a basic fee of EUR 300.00 (or EUR 290.00 for online applications). This fee applies to all types of trademarks, including word marks, figurative marks, 3D marks, and color marks. No distinction is made between them.
By paying this basic fee, you can protect your trademark and prevent others from using it without your permission. This is a crucial step in safeguarding your business’s identity and reputation.
Here we have summarized the most important fees for you:
| Trademark Protection Fee Type | Euro |
|---|---|
| Application fee for trademark protection (up to three classes) | 300,00 € |
| Registration fee for trademark protection with electronic registration | 290,00 € |
| Trademark Protection Class Fee (for each additional class) | 100,00 € |
| Accelerated examination of the application for trademark protection | 200,00 € |
| Trademark Renewal Fee (up to three classes) | 750,00 € |
| Trademark protection class fee for renewal (from fourth class) | 260,00 € |
| Trademark Protection Opposition Fee | 120,00 € |
| Cancellation fee due to nullity due to absolute grounds for refusal | 120,00 € |
| Cancellation fee due to expiration | 100,00 € |
| Trademark Protection Refund Fee | 10,00 € |
In order to give you a better understanding of the fees incurred, we have provided you with two calculation examples. As you can see, the final cost is easy to determine:
Example 1: For the accelerated online application of a trademark with only one class, the official fee to be paid is EUR 490.00:
| Trademark Protection Fee Type | Euro | |
|---|---|---|
| Registration fee for trademark protection with electronic registration | 290,00 € | |
| + | Accelerated examination of the application for trademark protection | 200,00 € |
| = | Registration fee | 490,00 € |
Important: There is no benefit if all classes are not exhausted. The minimum fee is always due for German trademark applications.
Example 2: For a trademark registration with effect for four classes of goods and services, the official fee of the DPMA is EUR 400.00:
| Trademark Protection Fee Type | Euro | |
|---|---|---|
| Registration fee for trademark protection with electronic registration | 300,00 € | |
| + | Trademark Protection Class Fee (for each additional class) | 100,00 € |
| = | Registration fee | 400,00 € |
Important: Trademark protection is included in the official fee for three classes of goods and services. Additional protection classes are available from the German Patent and Trademark Office for a surcharge of EUR 100 each.
3rd step: The trademark registration
Once all documents have been submitted, the DPMA will check whether
● the official fees have been paid in full,
● the registration meets all legal requirements and whether
● the applicant is entitled to register the trademark.
The trademark application will be rejected if the official examination reveals that there are so-called absolute grounds for refusal.
The absolute barriers to protection
In the event of a rejection, you will not be reimbursed for the official fees already paid. In order to avoid unnecessary costs, we recommend that you check your trademark for the following absolute grounds for refusal before registering:
| The absolute barriers to protection | Explanation |
|---|---|
| The distinctiveness of the brand | The goods and services offered under the trademark must be different from other companies in order to be protectable. For example, an apple is distinctive to a computer (Apple) but not to fruit. |
| The need for freedom |
When registering a trademark, it’s important to consider the general public’s need to use descriptive terms freely. Certain terms such as “light,” “sugar-free,” or “creamy” cannot be exclusively owned by a single company as a trademark. This allows other providers to use these terms in their product descriptions without infringing on others’ trademark rights. Additionally, terms like “mineral water” must be freely available for use by everyone and cannot be registered as a trademark for drinks since other manufacturers need to use it for description too. By keeping these guidelines in mind, businesses can ensure that their trademark registration doesn’t infringe on the rights of others, and that they can still promote and protect their own brand. A clear understanding of the rules and regulations of trademark registration can help businesses safeguard their identity and reputation in the market successfully. |
| Deceptive Signs | The deceptive features include, above all, incorrect information about the geographical origin of a product and incorrect information about its quality. As part of a word mark, the designation de Paris evokes a certain quality concept. However, if the product does not show any comprehensible connection to Paris when viewed objectively, this word mark may not be used. |
| Violation of public order or morality | Also excluded from trademark registration are signs that violate public order or morality. This can include signs that hurt the sense of shame or religious feelings that are anti-constitutional or signs with negative associations. |
| use of national symbols | Finally, a trademark application at the DPMA will be refused if the trademark contains national emblems, municipal coats of arms, official test and guarantee marks, designations of international intergovernmental organizations, or illegal symbols. |
The relative barriers to protection
Unfortunately, when registering your trademark, the DPMA only examines the absolute grounds for refusal. In fact, the so-called relative obstacles to protection still stand in the way of the success of your trademark application. This means priority rights of third parties based on an already registered trademark. In concrete terms, this means for you that you should definitely check whether the desired company name is freely available as a trademark before registering it.
For your trademark research, you should consult all trademark registers (possibly also in other European and international countries) in your industry and find out whether similar or even identical company names are already protected under trademark law. A DPMA register is also available to you as a starting point for an initial assessment of your similarity search.
Extratip
Checking the commercial register can help with your similarity research when registering a trademark. Often, companies are listed in the register that haven’t applied for trademark protection for their name. To avoid conflicts, it’s essential to choose a different company name or register your trademark promptly before your competitors do. Even a day’s delay can result in a competitor filing their trademark application first and preventing you from protecting your brand name.
By conducting thorough research and taking timely action, you can ensure that your trademark is approved without issues and safeguard your brand’s identity and reputation. Remember, registering a trademark is a significant investment in your business’s future, so it’s essential to do it correctly and promptly to avoid any potential issues in the future.
4th step: registration of the trademark
Once the DPMA has reviewed your trademark application and there are no objections or provisional rejections, they will register your trademark and issue a trademark certificate, usually within four weeks to three months. Your trademark will also be published in the public trademark journal.
However, unlike many other countries, in Germany, the trademark is registered first and then published for opposition purposes. Therefore, we cannot offer congratulations on your successful trademark registration until the end of the three-month opposition period.
It’s important to be aware of these procedures and timelines to ensure a successful trademark registration process. By fully understanding these regulations, you can protect your brand’s identity and reputation, and prevent potential conflicts with competitors who may try to challenge your trademark registration.
After your trademark has been published, third parties have the opportunity to file an objection to your trademark registration within the three-month opposition period.
The trademark contradiction
Sure, here’s a revised version of the text to improve its readability:
To object to a trademark registration, the opponent must submit a written objection to the DPMA or the Federal Patent Office and pay a fee of EUR 250. They must also show reasonable grounds for contesting the trademark, which can be done by explaining how the trademark registration would affect them.
This right is available to any owner of older trademarks who sees their relative grounds for protection at risk or who wants to contest the registration of your trademark due to trademark infringement. If the opposition is successful, your trademark application will be deleted, and the official fees you have paid will not be reimbursed.
It’s important to carefully examine the absolute and relative grounds for refusal in advance to ensure a successful trademark application. The more thoroughly you check for potential obstacles and ensure your eligibility for trademark protection, the more confidently you can navigate the three-month objection period.
By understanding these procedures and taking the necessary steps to prepare for potential objections, you can protect your brand’s identity and reputation and avoid potential conflicts with competitors who may try to challenge your trademark registration.
Step 5: Registration of the Brand Name
Three months have passed and nobody has objected to your trademark registration? Congratulations! The patent office will now register your trademark.
From this point on, German trademark law grants you a ten-year protection period. If the renewal fee of EUR 750.00 is paid on time, the term of protection can be extended by a further ten years. Payment is always due on the last day of the month following the end of the protection period.
Sounds complicated, but it’s actually quite simple. Here is a simple example:
A trademark will be registered by the DPMA on August 10, 2022. Without a further extension, the protection period would end after ten years on August 9th, 2032. If you now want to apply for an extension, the fee should be paid by September 30, 2032.
The international registration of your Brand Name
A trademark registered in Germany offers reliable legal protection and can serve as the basis or basic trademark for international trademark applications.
If your company is also active in other countries within the EU, it is worth registering the company name as an EU trademark and protecting it accordingly. To do this, you must register with the European Union Intellectual Property Organization ( EUIPO ). Here, too, you can use the post office or simply register online.
If you want to protect your company brand name or logo as a figurative mark in countries outside the EU, you must register with the World Intellectual Property Organization ( WIPO ). With the so-called IR mark, you can choose in which of the 126 signatory states of the Madrid Agreement your application should be valid. However, since international registration procedures are usually quite expensive and require extensive research, this step is not recommended for young companies and startups.
Conclusion: Protecting Brand name
As a business owner, it’s crucial to protect your brand from unauthorized use or infringement, as it can damage your reputation and business success. One way to do this is through trademark registration at the relevant Patent and Trademark Office or the European Union Intellectual Property Office (EUIPO) for international or European trademarks.
Our 5-step registration plan can help you build an effective wall of protection around your brand name. By registering your trademark, you prevent others from using confusingly similar marks or imitating your brand, giving you exclusive rights to use it in connection with your products or services.
Trademark registration in Germany requires filing an application with the Patent and Trademark Office, while international or European trademarks can be protected at the EUIPO. By taking these steps, you can protect your brand and reputation, and ensure a strong and secure foundation for your business success.