Trademark_Germany

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Filing Requirements:

Trademarks: Germany

Trademark Filing Requirements:

Prints of the mark.
The list of the goods / services.
In case of priority claim, priority date and country, serial number/s and an uncertified copy of the priority applications.

Renewal Registrations:

Details of the mark.

Change Of Name/Address Requirements:

Official documents certifying change of name or address.

Assignment Requirements:

Declaration of assignment signed by the Assignor.
Nominal consideration is acceptable, ordinary tax rules may apply ,no stamp duty, assignments with or without goodwill, unregistered marks may be assigned.

Searches:

Method of search: conducted by computer of a private database.
Time to be taken: 1- 10 days.
Contents: Search report includes information of prior marks hit by the search and comments on similarity between the subject mark and each relevant prior mark.
Other: Necessity of use search on prior marks should be judge case by case.

General Information:

Classification Of Goods / Services: International; multi-class filing.

Claiming priority under Paris Convention: Yes.

Filing International Registration under Madrid Agreement: Yes.

Filing International Registration under Madrid Protocol: Yes.

Time Until Issuance of Registration Certificate: 10 months.

Registerable: Trademarks, service marks, collective marks, sound marks, three-dimensional marks.

Registration Duration: 10 years from filing date.

Renewal Application: Within 12 months before expiry.

Renewal Duration: 10 years.

Publication : After examination, in Markenblatt.

Opposition Period: 3 months

Use: Use is relative, if nobody challenges use, the mark remains valid (use in Switzerland is considered as use in Germany, provided the mark is registered in Germany and vice versa) after 5 years of registration