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German trademark registration A trademark can be registered in three categories. Germany is a member state of the Paris Convention for the Protection of Industrial Property, the Madrid Agreement on the International Registration of Marks, the Nice Agreement on the International Classification of Goods and Services for the Purpose of Registration of Marks, and the World Intellectual Property Organization. Germany's electronic manufacturing technology in the automotive industry ranks first in the world, and German cars are the most popular among businessmen and consumers around the world. Moreover, German car brands have always ranked among the top sales in the Chinese market. Germany has a strong awareness of brand protection. Investors registering trademarks in Germany can not only obtain protection from the country, but also gain access to a broader strategic market for international brands.
A German Trademark Registration German Trademark Authority
The German Patent and Trademark Office was established in . The former German Patent Office was renamed the German Patent Office and is headquartered in Munich under the jurisdiction of the Federal Ministry of Justice. After the merger of East and West Germany, the responsibilities of the Invention and Patent Affairs Office of the German Democratic Republic until the date of the merger were merged into the German Patent Office. About 100 staff and more than 10,000 patent documents were included. The German Patent Office officially changed its name to the German Patent and Trademark Office (D) on the day of the year. The main offices are located in Munich, Jena (from the year and month) and Berlin (Berlin Technical Information Center). At present, the laws and regulations related to intellectual property promulgated in Germany include the Patent Law, Utility Model Law, Design Law, Trademark Law, Copyright Law, Semiconductor Protection Law (the object of protection is the layout of integrated circuits) and New Plant Varieties. Law D is responsible for all industrial property authorization and management matters.
Germany does not allow trademark registration procedures to be used as a means to monopolize trademark rights, that is, only registration is allowed without use. If the trademark is not used in trade activities for five consecutive years after registration, the registered trademark will be revoked. However, the Patent and Trademark Office does not actively check whether trademarks are used, nor does it take the initiative to cancel unused registered trademarks. Only when a third party disputes the validity of a trademark on the grounds of non-use, the use is examined to determine whether to revoke it.
2 German Trademark Registration Trademark Naming
German trademarks are composed of French, English and graphics. You can choose one, two or all three of them, and all can be processed in Chinese with graphics in Germany. The name should not only be catchy and easy for consumers to remember, but also give some ideas to the company.
Three German trademark registration trademark name inquiries
There are two types of German trademark inquiries, one is a free preliminary search and the other is a paid inquiry for issuing a formal inquiry report. It is usually recommended to perform a reported search to avoid approximation, which is time-consuming and laborious.
Four German trademark registration trademark application qualifications
According to the German Trademark Law, trademark registration applicants can be enterprises, institutions, social groups, industrial and commercial persons or natural persons in any country or region. Once the application is submitted, no more goods or services can be added but can be reduced at any time. Applicants may designate a priority category. Those who have a residence or business place in Germany can, in principle, go to the Patent Office or Patent Court to apply for registration directly. Anyone who does not (even a person with German nationality) must be represented by a patent agent or a lawyer. A power of attorney needs to be signed and does not need to be notarized.
5. Information required for German trademark registration trademark application
If applying as a legal person, attach a copy of the "Business License" or valid registration certificate with the official seal. If applying as a natural person, attach a copy of personal identification document
Applicant Detailed information (in Chinese and English) including name or title, nature, nationality, and detailed address, postal code, contact information
The electronic version of the trademark standard is required to be clear and smaller than B pixels (if applying in black and white, provide black and white for color application) Available in color and black). If you are confused about design, Dennet Intellectual Property Center is your powerful helper. We can provide trademark design, trademark modification, and brand planning services
Product names and categories (one trademark can be registered in three categories).
6 German Trademark Registration Priority of German Trademark Application Registration
If a trademark has been identically registered in a member country of the Paris Convention (for patterned goods), it can be registered except in certain circumstances.
Seven German Trademark Registration Trademark Application Process
Formal Review After the application is submitted, the submitted application documents, trademark pattern, power of attorney and other documents will be reviewed for legality and if they meet the regulations, the application date and application number will be awarded.
Substantive examination examines whether a trademark is registrable in accordance with the law, whether it is identical or similar to a previously registered trademark, and whether it violates the prohibition provisions of the trademark law. If the trademark examiner fails the substantive examination, the applicant will be notified in writing and informed of the reasons for rejection. The applicant may submit a review within the time limit from the date of receipt of the rejection notice, otherwise the application will be deemed abandoned and the application date and application number will not be retained.
After the trademark notice is deemed acceptable by the examining attorney, the trademark notice will be published on the German Official Trademark Notice. The objection period is one month from the date of announcement.
Trademarks that have been approved for registration and are found to be registrable after opposition, or trademarks that have been announced as having no objections, will be approved for registration and a registration certificate will be issued. The entire smooth application process (if no objections are rejected, etc.) takes about a month.
Eight German Trademark Registration Trademark Registration Fees
Usually the overseas trademark registration fee consists of three parts: official fee + overseas law firm or agency fee + Dennet service fee, which includes three categories.
Nine German trademark registration trademark registration time
The response time takes about 1 working day
Announcement time is 3 months
The fastest registration time is 3 months to obtain the certificate
German trademark The validity period is calculated from the date of application. If the registration validity period expires and you need to continue to use it, you should apply for registration renewal one month before the registration validity period expires. Each renewal registration is valid for years.
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