MEMO ON TRADEMARK REGISTRATION IN GERMANY
I. REQUIREMENT DOCUMENTS
a. Contact details of the applicant;
b. All relevant information with regard to the trademark:
+ List of goods and services;
+ Picture of the figurative mark, if applicable;
+ Details of the priority application, if applicable.
c. Priority documents (if any)
NOTE:
(i) The Power of Attorney is not required.
(ii) Although it is not necessary to use the trademark for it to register, it must be used within a period of five (5) years after registration, otherwise it will become vulnerable to cancellation for non-use.
II. GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is 04 to 06 months, assuming that no Office Action is needed.
III. VALIDITY TERM
The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years.
The renewal can be applied as early as one year before the expiry date until the last day of the month of the renewal date. There is a grace period of six (6) months after the expiry date when the trademark can still be renewed provided a late renewal fee is paid.
IV. PROCEDURE
1. Examination
When a trademark application is filed, the German Patent and Trademark Office (DPMA) will process the application.
The DPMA will examine the trademark application with regard to formalities (eg, correct classification of the goods or services and full payment of the application fees) and absolute grounds for refusal. Any deficiency will be raised by the DPMA in an official action granting the applicant at least one month in which to reply. These periods are extendable on request.
This decision may in turn be appealed within one month of notification, by either an administrative appeal to the DPMA or a direct full appeal to the Patent Court, depending on the status of the person at the DPMA who first issued the decision. A decision of a DPMA appeal division may be appealed to the Patent Court. Decisions of the court may, on rare occasions, be appealed to the Federal Court.
2. Registration
Registration occur when the DPMA has issued the allowance (without any official action, this is likely to be completed between three and six months from the application, although can vary greatly). Once trademark registers, it will receive a registration number.
3. Publication
The registration is published in the (Markenblatt). The proprietor receives a certificate of registration.
The opposition period is 3 months. The German trademark stays registered during an opposition proceeding. If there are no oppositions, it will simply remain
In case you require more information or require advice on trademark in Germany... as well as other IP matters, please do not hesitate to contact us via:
Email: info@lawfirmelite.com
Tel: (+84-24) 3 7373051
Fax: (+84-24) 3 7373056
