What should I pay attention to when registering a German trademark?

1. Registrable Trademark Elements A registrable trademark in Germany is any mark that can be represented by a diagram, such as words, names, acronyms, letters, numbers, patterns, colors, color combinations, three-dimensional marks (the shape and packaging of the goods), audio, any of the above combinations;

2. Classification of goodsAccording to the international classification of goods and services, there are 45 classes, and trademark registration is protected by law and recognized by the public;

3. Trademark application qualifications: A trademark application in Germany can include multiple classes of goods or services, and foreign applicants do not need to be registered in China, but they need a local ** in Germany; If not, it must be through the patentee or lawyer;

4. Power of attorney A power of attorney is required for a German trademark application, but it does not need to be notarized. The processing time for an initial application for registration is approximately 2 to 4 months;

5. The application for trademark examination includes formal examination and substantive examination, but does not include prior trademark inquiry;

6. The opposition period is within 3 months from the date of publication of the trademark application;

7. The validity period of the trademark and the renewal of the trademark are protected by law from the time of application for registration. However, only when the trademark is approved for registration can it be regarded as a registered trademark. The validity period of the registered trademark is 10 years, counting from the date of approval, if the validity period of the registered trademark expires and it is necessary to continue to use it, the registered trademark can be renewed.

8. If the use of a trademark requires that the registered trademark cease to be used for five consecutive years, or for five consecutive years after the end of the opposition procedure, the registered trademark may be revoked. If no interested party files an application for cancellation due to non-use during this period, the registered trademark is still protected by law.

In Germany, trademark registration is legally protected for a period of ten years. It is renewed every 10 years from the filing date until the end of the month in which the filing date falls in 10 years. The renewal must be made by the end of the month in which the term of protection is made, and if the renewal fee is not paid by that date, the Patent Office will notify the registrant of the cancellation of the trademark.

Within six months of the delivery of this notice, the holder may still file for renewal, subject to the payment of an additional fee.

Precautions for trademark registration in Germany.

1. German enterprises pay more attention to protecting their trademark rights, and generally ask a specialized lawyer to pay attention to whether the newly applied trademark is infringing at any time, and once found, they will send a warning to the trademark applicant, requesting to withdraw the application and compensate for losses. When a Chinese-funded enterprise or individual registers a trademark in Germany, it is necessary to do a good job of research in advance to prevent the risk of confusion between the trademark to be registered and the existing trademark.

2. For word trademarks, there are generally three factors to be compared: pronunciation, appearance and meaning. From the perspective of pronunciation, it is necessary to consider the number of syllables, stress, the order of vowels and consonants, the similarity of the first letters, etc.; From the outside**, the number of letters, capitalization, and hyphens should be considered; From the point of view of meaning, it is necessary to consider the meaning of the word itself, the associative meaning, the identification characteristics, and so on.

In the case of figurative trademarks, it is necessary to compare whether the meaning represented by the figure and the overall impression of the figure are similar.

3. Determine whether there is a risk of confusion between the applied trademark and the existing trademark. The basic principle is that the closer the scope of a product or service, the less similarity of the mark can be allowed; The more different the scope of the product or service, the more similar the trademark can be.

The longer the trademark has been used, the higher the market share, and the higher the requirements for new trademark applications.

1) Formal examination: After the application is submitted, the legality review of the application documents, trademark vertical drawings, power of attorney and other documents submitted to the University of Quechan; If the requirements are met, the filing date and application number will be granted.

2) Substantive examination: According to the law, the trademark is examined to determine whether it is registrable, whether it is identical 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 has a time limit from the date of receipt of the notification of refusal to file a review, failing which the application will be considered abandoned and neither the filing date nor the application number will be retained.

3) Trademark Gazette: After examination, the examiner finds that the trademark application is acceptable, and then publishes a notice in the official German Trademark Gazette. The opposition period is 3 months from the date of publication.

4) Registration approval: Trademarks that are ruled to be registered after opposition, or trademarks that have no objection after announcement, will be approved for registration and a registration certificate will be issued.

1. If the applicant is an individual, it is necessary to provide a copy of the registrant's certificate or ID card, name, address, ** and email address;

3. The name and design of the logo of Shangsen:

In the case of words (letters), provide the spelling of the letters and explain their approximate English meaning.

If it is a graphic, provide a clear pattern to explain the elements of the basic color, and if the graphic has Chinese characters, it will explain the pure meaning of English.

4. The class of the German trademark application (Nice International Classification): the official fee includes 3 categories, and 1-3 classes can be provided.

5. Sign the authorization of the German lawyer: please sign the letter back to the applicant or the legal person of the applicant company.

Information on a German trademark application:

1. The applicant's name in both English and Chinese;

2. The category and the name of the goods and services that need to be protected for the re-ignition of the vertical potato;

3. Trademark drawings;

4. Signing of power of attorney.

What issues do I need to pay attention to when applying for a trademark in Germany?

What issues do I need to pay attention to when applying for a trademark in Germany? German trademark law indicates that the applicant for trademark registration in Germany is an enterprise, public institution, social organization, industry and commerce, practitioner, or natural person in any country or region. The objects of protection of trademark registration in Germany are words, letters, numerals, graphics, sounds, three-dimensional and so on.

In Germany, a trademark cannot be protected without a registration application, and it is necessary to wish to receive a protected representation when applying for a German trademark reproduction. In Germany, if the font in a word mark is not commonly used by the German trademark office, such as a trademark of a graphic design, or a combination of marks and a mark of a specified color, the applicant must provide four representations. So what else do you need to pay attention to when registering a German trademark?

Let's have a ** with everyone, right?

What you need to prepare.

1. If you apply for registration as a natural person, you need the personal name and address of the individual (if you apply as a legal person, you need the name and address of the enterprise);

2. The pattern of the trademark and the class of the trademark;

3. To apply as a natural person, you need to provide a copy of your ID card (you need to provide a copy of the business license of the enterprise when applying as a legal person).

Application Process. 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.

The registrability of a trademark is examined in accordance with the provisions of the German Trademark Act. 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 anyone 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 registration is ten years, with a six-month grace period, but the stool contains guesses that additional fees need to be paid. If the trademark is not renewed during this period, it is very likely that the old bank will be cancelled.

1. Formal examination: After the application is submitted, the legality review of the submitted application documents, trademark drawings, power of attorney and other documents shall be conducted; If the requirements are met, the source and application number on the application date 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 reason for rejection. The applicant has a time limit from the date of receipt of the notification of refusal to file a review, failing which the application will be considered abandoned and neither the filing date nor the application number will be retained.

3) Trademark Gazette: After examination, the examiner finds that the trademark application is acceptable, and then publishes a notice in the official German Trademark Gazette. The opposition period is 3 months from the date of publication.

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 issued a certificate of registration. The entire smooth application process (if there is no rejection, opposition, etc.) takes about 4-6 months.

1. Preparation before application: conduct a German search to determine whether the trademark to be applied for is similar or identical to the trademark that has been registered or filed in Germany; 2. Submit the application: After the trademark inquiry and the determination that there is no problem in preparing to apply for the trademark, the applicant or his delegate can submit the trademark application and application documents to the German Patent and Trademark Office for trademark registration application procedures; 3. Formal examination:

After receiving the applicant's request for trademark application, the German Patent and Trademark Office will examine whether the submitted application documents are missing and whether the format is standardized, and if there are any problems, the applicant will be notified to correct them in time; 4. Substantive examination: When the formal examination is passed, the German Patent and Trademark Office will send an examiner to examine whether the applied trademark complies with the provisions of German law and whether it violates the prohibition regulations. 5. Trademark announcement: After examination, if the German Patent and Trademark Office considers that the trademark application can be accepted, it will be published in the official German trademark journal; 6. Objection period:

The publication period is the opposition period, during which if someone raises an objection to the published trademark, the German Patent and Trademark Office will not accept the application for the opposition trademark, and at this time, the applicant is required to make a reasonable reply to the opposition, so that the opposition is not established7. Approval of registration: During the opposition period, if no one raises a different objection, or if there is an objection but the opposition is not established after the defense, the trademark registration application will be approved by the German Patent and Trademark Office, and the trademark registration certificate will be issued to the applicant after a period of time. 8. Time of registration of German trademark:

It can be used after two weeks of issuance of the acceptance notice, and the period of use is ten years.

1.Submissions.

2.Formal examination.

3.Real spring auspicious quality review.

4.Publication of Notices and Objections.

5.It is indicated that the Senxun register is successful, and the certificate is issued.

Germany is a popular place for trademark registration, the popularity has been high, this period of time the German economy is quite dynamic, if you want to share this piece of the cake, then we can consider applying for a trademark registration in Germany. So, what do you need to pay attention to when applying for a registered trademark in Germany? Let's take a look.

What to note when applying for a registered trademark in Germany The geographical scope of protection for a registered trademark in Germany includes the territory of Germany, as well as the ports of Hamburg and Bremerhaven.

The term of protection of a registered trademark application in Germany.

Whether in Germany or the European Union, the trademark is valid for a long time after the successful application for trademark registration, but it should be noted that it should be renewed every ten years and should not be forgotten.

Information required to apply for trademark registration in Germany A power of attorney signed or stamped by the principal.

The name and address of the applicant need to be provided, and a copy of the business license is required if it is a legal person, and a copy of the ID card and the business license of the individual business are required if it is a natural person.

the name of the applied trademark, the class of goods and services, and the specific items;

What you also need to understand in the process of applying for trademark registration in Germany is the general process to avoid unnecessary worries, which is roughly divided into seven processes:

The first is to check the trademark name and graphics to confirm whether it has been registered and whether it can be registered, so as to improve the probability of approval.

Submit the required documents, submit the application for registration, and the appointed lawyer will file a declaration with the German Trademark Office. This step ensures that there are no errata.

The local trademark office receives and issues the notice of acceptance to the applicant.

The Trademark Office examines and rejects the problem and points out the reason.

If there is no problem with the reexamination, the Trademark Office will approve the registration.

The term of protection of the registered trademark should be applied for, and the corresponding documents must be provided, including a power of attorney and an individual's seal.

It is important to note that there is a regional scope, and it is also necessary to pay attention to the term of protection, and it is also necessary to pay attention to the power of attorney signed or stamped by the client, and some copies of some other materials.