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Trademark registration in Germany

Update date: 09/08/16

It is important to know in advance how the process of trademark registration in Germany works in Germany since each country has its own legislation and mistakes can be made during the prosecution causing a waste of money and time.

Before applying for a trademark in Germany it is important to know the odds of success. To know if the trademark you want to register is already registered you can use the trademark search engine in Germany that provides for free the Trademark Office of that country. However this trademark search engine only detects identical marks.

If you want to be sure that the trademark will be granted you should hire a professional advice, for instance from Volartpons, to conduct a preliminary search report prior to the trademark application in Germany. The said report, shows, apart from identical marks, similar marks to the one you want to register, thus avoiding the dreaded and costly oppositions.

Once you know that the trademark you want can be registered, you must apply for registration before the Trademark Office. The prosecution of a trademark in Germany must be made following the many formal rules established by the legislation. In order to avoid being suspended it is advisable to hire a professional who is used to the protocol to be followed in that country.

After the application, the trademark must pass the first formal examination and then the trademark will be published. Then, a period of three months starts during which third parties may file opposition. If the trademark does not receive opposition and overcomes the substantive examination will be granted.

Generally the processing of a mark in this country lasts between 6 and 9 months from the date of application until the date of grant.

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