Is it difficult to register a trademark in Germany?

1. Inquiry. The search for a trademark in the early stage is very important, mainly to avoid being identical or similar to the registered trademark or the trademark in the application for registration, and the success rate of trademark registration can be passed;

2. Submit an application for registration. The contents include: mailing address, name and address of the applicant and **person, explanatory words and ** of the trademark, the type of trademark (divided into six categories of words, patterns, three-dimensional, sound, lines and other trademarks) and the list of goods and services using the trademark in the order of the International Classification of Goods and Services for the Purposes of Trademark Registration (Nice Classification).

Samples must not be attached to the application.

3. Review. The examination includes both formal examination and substantive examination, and if there is any irregularity, the applicant will be notified to make corrections within a time limit. If there is an absolute obstacle to protection in the preliminary ruling, a notice of refusal shall be issued to the applicant, and the applicant may make a reply within a certain period of time;

4. Registration and announcement. In order to facilitate the monitoring of the legality of a new trademark, Germany stipulates an opposition period of three months after registration.

Trademark search, trademark acceptance, trademark examination, trademark announcement, and trademark registration were completed.

Trademark search: The applicant conducts a search of the trademark name to ensure the registrability of the trademark;

Trademark acceptance: The applicant submits the trademark application documents to the German Patent Office, and the relevant staff will check the submitted trademark application documents to check the integrity of the trademark documents, and the trademark documents without problems will be granted the filing date and application number;

Trademark examination: The trademark registrar conducts a formal and substantive examination of the trademark document, mainly to examine whether the trademark document is registrable, whether it is identical or similar to the trademark applied for earlier, and whether it complies with relevant laws and regulations. For trademarks that fail the examination, the examiner will notify the applicant in writing and inform the applicant of the reasons for refusal.

The applicant may file a review within the time limit from the date of receipt of the notification of refusal, otherwise, the application will be deemed to be abandoned, and both the filing date and the application number will not be retained.

1. Formal examination.

After submitting the application, an application number and a time to confirm the application will be given. During this period, the application documents are reviewed for compliance with the requirements.

2. Substantive examination.

According to the provisions of the Trademark Law of the People's Republic of China, the trademark is examined for registrability. For example, whether the trademark applied for is distinctive. If the examiner considers that the trademark applied for is not registrable, a notice of refusal will be issued.

The applicant can give a reply within the prescribed time, and the applicant can also apply for an extension of time to respond.

3. Announcement. After the trademark has been examined, the applicant will be informed that the trademark has been accepted and published in the trademark gazette, and any person in the town can file an opposition to the trademark during the opposition period, stating the reasons and submitting relevant evidence.

4. Registration approval.

Trademarks that have not been ruled to be registered after opposition, or trademarks that have no objection or are not valid within the publication period, will be approved for registration and a registration certificate will be issued. The whole process went smoothly (without rejections or objections) and took about six to nine months.

Trademark expiration date.

After the successful registration of the trademark, it is not unlimited use, the trademark also has a time limit, counting ten years from the date of registration, if the registered trademark needs to continue to be used after the expiration of the validity period, it should be applied for renewal of registration within six months before the expiration of the registration period, and the validity period of each renewal of the gross exhibition registration is ten years, with a six-month grace period, but additional fees need to be paid. If the trademark is not renewed during this period, it is likely to be noted.

How to file: You can file an electronic application in paper form or through the German Patent and Trademark Office's website, which is slightly cheaper and faster to examine.

Individuals or businesses who do not have a place of residence or business in Germany must appoint a German lawyer or an EU lawyer as a **person.

German trademark protection can also be obtained if Germany is the designated country of protection in the EU trademark application and the WIPO international trademark application.

2. A receipt and an application number will be obtained after the application for registration is submitted, which will be published in the German Patent and Trademark Office Register database.

3. The German Patent Dealer Minxiao Standard Office examines whether there is an absolute reason for rejection of the trademark registration application, and does not check whether the same or similar trademark has been registered.

4. The owner of the registered trademark will obtain the Trademark Registration Certificate.

5. The registered trademark will be published in the Trademark Journal.

6. The prior right holder may oppose the registration of the trademark in writing within 3 months after the publication of the trademark registration.

7. Within 10 years after the registration of the trademark, any person may apply to the German Patent and Trademark Office or request the court to revoke the registration of the trademark on the grounds of absolute rejection of the registration.

8. After receiving the application for cancellation of the trademark, the Patent and Trademark Office will notify the trademark registration owner that if the trademark registration owner does not object within 2 months, the trademark will be revoked.

9. Upon receipt of the trademark cancellation application, the German Patent and Trademark Office will notify the trademark registration owner that if the trademark registration owner expresses an objection within 2 months, the German Patent and Trademark Office will initiate the cancellation procedure.

10. The trademark must be used on all registered classes of goods and services, and if the trademark is not used for 5 consecutive years after registration, anyone may apply to the German Patent and Trademark Office or request the court to revoke the registration of the trademark.

11. Upon receipt of the trademark cancellation application, the German Patent and Trademark Office will notify the trademark registration owner that if the trademark registration owner does not object within 2 months, the trademark will be revoked.

12. Upon receipt of the trademark cancellation application, the German Patent and Trademark Office will notify the trademark registration owner that if the trademark registration owner objects within 2 months, the cancellation applicant can file a trademark cancellation lawsuit in court.

The process of German trademark registration needs to go, that is to say, you must first have an industrial and commercial business license, which must be international, and if you have an international industrial and commercial business license, you can register a German trademark, and this is only the first step, and secondly, your first language must reach level B or above before you can apply Hello about you, 1. No matter how difficult the work you face, you must remain calm, concentrate, and record the things you need to complete.

2. Divide the whole work into several parts that are completed independently, and each part is divided into multiple easy-to-solve steps, so that the work becomes organized and easy to carry out.

3. Set up the first work goal for yourself every day, and divide it into sequence, and everything is carried out according to the plan.

5. Write down the steps you've already completed and see what you still need to improve.

6. Set a deadline for each individual step, and don't let yourself slow down the progress of the work, no matter what the circumstances.

7. Don't just focus on work, forget to reflect often, you must know that if you only make trouble and work hard, you are likely to not even know that you have lost your direction.

8. Many times, our time is wasted by our own "indecision", and you have to find a way to overcome this problem.

For example, when you are considering whether a plan is worth investing in, you can consider two aspects. One is to write down all the good and bad possibilities. You can add a little imagination, logic, and even illogical, in case you miss a lot.

Analyze each possibility in detail, and if you think about it and it has only one benefit, then it's not worth the headache. The second is to calculate every possibility. Looking at similar experiences in the past, do you have any new ideas or ideas?

Write down what exactly you hope to get out of this program, and then research how far each program can go for you? After the above differences, it is possible to select the probability of the best value. This is when you can turn the choice into a decision, forget about other possibilities, and focus your energy and time on that decision.

Search the trademark first, the approval rate is high, it is recommended to register, prepare the required materials and submit the slag to the Trademark Office, there will be an official receipt within about 4 weeks, and it will take about 4-7 months to bring the auction time when registering.

1. Formal examination After the application is submitted, the legality of the submitted application documents, Shangsen pulse pattern and power of attorney shall be reviewed; If the requirements are met, the filing date and application number will be awarded;

2. Substantive examination: According to the law, the trademark is examined to determine whether it is registrable, whether it is the same or similar to the previously registered trademark, and whether it violates the prohibition clause of the Trademark Law. For trademarks that do not pass the substantive examination, the examiner will notify the applicant in writing and inform the applicant of the reasons for refusal. The applicant may file a review within the time limit from the date of receipt of the notification of refusal, otherwise, the application will be considered abandoned and neither the filing date nor the application number will be retained;

3. Trademark Publication After examination, the examiner considers that the trademark application can be accepted, and then publishes an announcement in the German Official Trademark Gazette. The opposition period is 3 months from the date of announcement;

4. Registration Approval The trademark that has been ruled to be registered after opposition, or the trademark that has no objection after the announcement, will be approved for registration and a registration certificate will be issued. The entire smooth application process (if there is no rejection, opposition, etc.) takes about 4-6 months.

What is the procedure for registering a trademark in Germany?

Application for VAT registration in Germany:

The application for VAT in Germany is very troublesome and not cheap, if you are operating Amazon, you will have to wait for a month after the opening of the UK site, but if your main site is in Germany and the sales are quite large, I recommend that you register the German VAT. "A detailed explanation of the time and cost of the VAT registration process in Germany".

First of all, let's sort out the application process of German VAT, as shown in the following figure: Germans are known for their rigor, although there are many VAT tax numbers, but each tax code has a different role:

German local tax number (steuernummer): It is the tax ID number that Amazon requires sellers to fill in in the background, and the grid is 12 123 12345, which is also used by sellers when paying taxes. The reason why it is ignored is because in the past, the Amazon backend required sellers to fill in the VAT number starting with DE;

Temporary tax number: used for old tax payment, which will become invalid after tax payment;

VAT ID: The format is DE123456789 and is used to invoice the buyer. Other countries in the European Union also have similar tax numbers such as FR in France, and ES ...... in SpainThis can be understood as the member states of the EU system in order to make it easier for everyone to distinguish which country issued the invoice.

However, there is only one exception in all EU countries: the United Kingdom, which has and only one tax identification number.

Tax Certificate: It is a proof of tax payment, which proves that the seller has truthfully declared and paid taxes every month. The reason why Amazon requires sellers to provide this certificate is mainly to submit it to the European Union, which means:

I have strictly required sellers to declare and pay taxes, so don't think about me again.

Trademarks registered in Germany are mainly divided into international trademarks and German domestic trademarks.

An international trademark is a trademark registered between the members of the Madrid Union in accordance with the Madrid Agreement Concerning the International Registration of Marks or the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks.

Currently, there are 78 Contracting Parties of the Madrid Union. China acceded to the Agreement on 4 October 1989 and 12 November 1995, while Germany acceded to the Agreement on 1 December 1922 and 20 March 1996.

Enterprises that have registered or are in the process of applying for a registered trademark in China can directly or entrust a trademark** agency to submit an application to the Trademark Office of the State Administration for Industry and Commerce of the People's Republic of China, which will apply for the registration of an international trademark with the World Intellectual Property Office (WIPO) in Geneva, Switzerland. After successful registration, you can apply to extend all or part of the territory of goods and services represented by the historical companion trademark to Germany or the European Union, and become a German trademark or an EU trademark.

German Trademark Office Eligibility to apply for trademark registration in Germany at the German Patent Office According to the German Trademark Law, an applicant for trademark registration can be an enterprise, institution, social organization, business person, or natural person in any country or region. Objects of protection for German trademark registration Words, letters, numbers, graphics, sounds, three-dimensional, etc. A trademark cannot be protected without registration.

Procedure for applying for trademark registration in Germany.

1. German trademark search.

Check the official German trademark handbook to rule out the possibility of rejection of the trademark to be registered on the basis of the same or similar trademark as the trademark of the prior right.

2. German trademark application.

Filing an application for acceptance and examination of a trademark registration with the German Patent and Registration Board.

Conditions for applying for trademark registration in Germany.

1. It is a member state of the Madrid International Registration of Trademarks;

Other international conventions to which it is a party and international organizations: Madrid Agreement Sanctioning False or Deceptive Indications of Goods**, Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, Nice Agreement, European Union;

Validity period of trademark registration: 10 years from the date of filing the trademark application;

Types of Trademarks that Can Be Registered: Commodity Trademarks, Service Marks, Collective Trademarks;

Renewal of registered trademark: The application can be filed within 12 months before the expiration of the trademark registration, or within the grace period of 8 months after the expiration of the registration, and the renewal period is valid for 10 years;

2. You can also obtain German legal protection through the Community Trademark Registration (CTM) route.

3. If your trademark has been applied for or registered in the country of origin (which is a Madrid Contracting State), you can also obtain German legal protection through international trademark registration.

4. A trademark application in Germany may include multiple classes of goods or services, and foreign applicants do not need domestic registration, but need a local German **; If not, it must be approved by the patentee or lawyer.

Requirements for the use of a registered trademark in Germany.

If a registered trademark has ceased to be used for five consecutive years, or for five consecutive years after the end of the opposition procedure, the registered trademark may be cancelled. If no interested party files an application for cancellation due to non-use during this period, the registered trademark is still protected by law. Any trademark that is identical and registered in both Germany and Switzerland will remain valid if it is used in Germany, and vice versa.

German-Swiss Agreement on the Protection of Patents, Designs and Trademarks in the Two Countries, April 13, 1892).

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