Trademark Protection in Germany

1. Legal Basis

Trademark protection in Germany is primarily governed by:

• The German Trademark Act (MarkenG)

• The European Union Trademark Regulation (for EU-wide protection via the EUIPO)

• International treaties such as the Madrid Agreement and Protocol (for international trademark registration via WIPO)

2. Ways to Obtain Trademark Protection

There are three main ways to obtain trademark protection in Germany:

a) Registration with the German Patent and Trademark Office (DPMA)

• Most common method.

• Requires an application specifying the mark and the goods/services it covers.

• Protection lasts for 10 years and can be renewed indefinitely.

b) Use-Based Protection (Unregistered Marks)

• Trademark rights can arise through extensive and long-standing use in commerce (so-called notorious trademarks or marks with acquired distinctiveness).

• Much harder to prove and enforce.

c) EU Trademark Registration (EUTM)

• One application via the European Union Intellectual Property Office (EUIPO) grants protection in all EU Member States, including Germany.

d) International Registration via WIPO (Madrid System)

• Allows extension of protection to Germany via international application designating Germany.

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3. Types of Trademarks Eligible for Protection

According to § 3 MarkenG, the following types of signs can be protected if they are capable of:

1. Distinguishing the goods/services of one undertaking from those of another, and

2. Being represented clearly and precisely in the register.

Examples of Protectable Signs: