National toll free hotline:
400-711-2005
National German trademarks at German Patent and Trademark Office (GPTO)
What we require from client for trademark application
Upon filing the application:
? Name and address of applicant
? Representation of trademark, i.e. in case of:
ü Word trademarks: the word
ü Combined, graphical or color trademarks: 5 identical 2-dim. representations
ü 3-dim. trademarks: 5 identical 2-dim. representations from maximum of 6 views
ü Sound trademarks: Representation in musical notation or as sonogram and its acoustic rendition
**Graphic representation of trademark must not be bigger than 26.2 cm x 17 cm!**
? List of goods and services or, if we are instructed to draft list of goods and services, information about specific goods or services to be produced, offered, sold or provided under trademark
? Power of attorney is generally not required, only exceptionally at request of GPTO
May be submitted later:
? German translation of filing documents (1 month from filing date)
? If priority claimed:
ü Date, country of prior application (2 months from filing date)
Reference number and priority document (copy of prior application suffices) (2 months from request by GPTO)
Stages of filing proceedings
? Filing at GPTO incl. payment of official fees
? Formal examination
? Examination as to absolute bars to protection (in particular distinctiveness and need to keep use free)
? Registration of trademark
? Issue of registration certificate
? Publication of registration (starting 3-month opposition period)
? Possibly opposition proceedings
Requirements for protectability
? Abstract capability to be a trademark
? Graphic representability
Absolute conditions for protection (in particular distinctiveness and no need to keep use free)
Grace period for use
5 years from registration or termination of a possible opposition; after which anyone can lodge request for cancellation at GPTO or raise action for cancellation at civil court for non use of the trademark
Rights from German trademark
? When: From publication of trademark registration
? Against: Illegal use of sign (trademark, business name, domain name) which is identical or similar to trademark for identical or similar goods or services
Claims: Cease and desist, damages, naming of suppliers and buyers, possibly destruction of goods
Invalidation of German trademark registration
Opposition proceedings
? Time: 3 months from publication of registration
? Grounds: Earlier filed or registered German or Community trademark or international trademark with protection for Germany
Cancellation proceedings for absolute unprotectability
? Time: 10 years from registration
? Grounds: Particularly lack of distinctiveness, need to keep use free, danger of deception, generic term
Cancellation proceedings for prior rights
? Time: Anytime Grounds: Earlier filed or registered German or Community trademark or international trademark with protection for Germany; trademark registered in agent's name; trademark rights acquired through use; business names; rights to name; domain name
Cancellation proceedings for non-use
? Time: Anytime, no earlier than 5 years from registration
Grounds: Nonuse of trademark in past 5 years
What we require from client for filing opposition against German trademark
? If known: Statement of end of opposition period
? Copy of publication of younger trademark (but at least registration number of younger trademark) including:
ü Representation of younger trademark
ü List of goods/services of younger trademark
ü Name and address of owner of younger trademark
? Current extract from register of opposition trademark (but at least registration number of opposition trademark) including:
ü Representation of opposition trademark
ü Current list of goods/services of opposition trademark
ü Name and address of registered owner
Name and address of opponent (if opponent differs from registered owner, request for registration of transfer of the trademark must be made prior to or simultaneously with the filing of the opposition!
24 hour hotline:+86 13588024949 BSI HOT-LINE:400-711-2005
Rm.220,Building3,Yuejuncheng,No.128,Hexing Road,Hangzhou City,Zhejiang,China. TEL:0571-85081281 85081282 85085700 FAX:0571-85081280
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