German Company Formationby Goldblum und Partner AG · Düsseldorf

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Brand Protection in Germany & EU

Germany is a first-to-file jurisdiction under MarkenG §4(1). Rights arise from registration date, not first use. DPMA (Germany): €290 online, 6–8 months. EUIPO (all 27 EU states): €850 base, 4–5 months.

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3–4 months (DPMA)
10-year protection
EU coverage available
Overview

A competitor who files before you owns the German trademark — regardless of how long you have operated internationally under the same name. The right time to file is before any public announcement of your German launch. DPMA does not check similarity to earlier marks (MarkenG §37) — pre-filing clearance search is your responsibility. Non-EU applicants must appoint a German Patentanwalt or Rechtsanwalt (MarkenG §96) as representative — Goldblum fulfils this requirement.

€290DPMA filing fee
6–8 moDPMA timeline
€1,050EUIPO (3 classes)
4–5 moEUIPO timeline
10 yearsProtection term
3 monthsOpposition window
RouteCoverageFiling Fee (3 classes)TimelineRenewal
DPMA (online)Germany only€290 base (+€100/class)6–8 months€750
EUIPOAll 27 EU states€1,050 (1+1+1)4–5 months€1,000
WIPO Madrid130+ countriesVariable per country12–18 monthsPer country
How It Works

Step by step, handled for you.

01

Clearance Search

Full trademark clearance search at DPMA and EUIPO databases. We identify conflicting marks, assess registration risk, and advise on likelihood of refusal or opposition.

02

Nice Classification

45 Nice classes — we identify the correct goods/services classes. Critical: Class 35 (retail services) required for any online shop; Class 42 (technology services) for SaaS. Under-classing requires a separate new application.

03

Application Filing

DPMA online application with immediate filing date. EUIPO filing for EU-wide coverage. WIPO Madrid extension from DPMA/EUIPO base for international protection.

04

DPMA Examination

DPMA examines absolute grounds (MarkenG §8): distinctiveness, non-descriptiveness, non-deceptiveness. If no objections, mark enters 3-month opposition period (MarkenG §42).

05

Opposition Period Management

We monitor opposition filings from earlier trademark owners. If opposition filed: we prepare the response or negotiate a co-existence agreement where appropriate.

06

Registration + Renewal

Certificate issued. 10-year protection term from filing date (MarkenG §47). We maintain a renewal calendar and file renewals at €750 (DPMA) or €1,000 (EUIPO) per 10-year period.

Germany Is First-to-File — The Risk for International Brands

MarkenG §4 recognises three bases for trademark rights. For practical purposes, only §4(1) registration provides reliable priority. Use-based rights under §4(2) (Verkehrsgeltung) require expensive consumer recognition surveys costing €15,000–€50,000 — with no guarantee of success. The filing cost is €290. There is no rational economic argument for deferring.

US founders note: the US "first-to-use" system does not apply in Germany. Your years of US use give you no priority against a German registrant who filed first.

  • →File before any public German launch announcement — competitors monitor trade press
  • →File before domain registration — domain registrars do not establish trademark priority
  • →File before any trade show, press release, or marketing campaign in Germany
  • →Verkehrsgeltung (use-based rights) requires ≥50% consumer recognition survey evidence — cost: €15,000–€50,000
Germany's first-to-file system means registration date determines priority — not the date you first used the mark commercially.
Germany's first-to-file system means registration date determines priority — not the date you first used the mark commercially.

Nice Classification — Key Classes by Business Type

Under-classing is permanent — you cannot add goods/services after the filing date. A missing class requires a separate new application with a new filing date and new fees.

Business TypePrimary ClassesWhy Essential
SaaS / softwareClass 9, 35, 42Class 42 covers "computer programming"; Class 35 for SaaS subscriptions
E-commerce / retailProduct class + Class 35Class 35 for retail services is mandatory for online shops
Crypto / fintechClass 9, 36, 42Class 36 covers crypto exchange and custody; Class 42 for blockchain
Legal / consultingClass 45, 35Class 45 specifically for legal services
Food / beverageClass 30, 43Class 43 for restaurants and catering services
Process Overview

Trademark Registration — From Search to Certificate

1

Clearance Search

DPMA and EUIPO database search for conflicting marks

1–2 days
2

Application Filing

DPMA (€290/class) or EUIPO (€850 for 1 class)

1 day
3

Formal Examination

Office checks absolute grounds for refusal

2–12 weeks
4

Publication

Mark published in official bulletin for opposition

3-month window
5

Registration Certificate

Issued if no opposition filed or sustained

Protected
FAQ

Common questions.

What is the difference between a German DPMA trademark and an EU trademark?

A DPMA trademark covers only Germany. An EU Trademark (EUTM) covers all 27 EU member states with one EUIPO application. EUIPO is faster (4–5 months vs 6–8 months) and covers 27 markets for €1,050 (3 classes) vs €290 for Germany only.

What is Germany's first-to-file rule?

Under MarkenG §4(1), trademark rights arise from the registration filing date — not from the date of first commercial use. A competitor who files before you owns the German mark, regardless of your prior international use. File before any public German launch.

Does the DPMA check for conflicts with existing trademarks?

No. The DPMA only examines absolute grounds (MarkenG §8) — whether the mark is distinctive, non-descriptive, and non-deceptive. It does not check for conflicts with earlier marks. Pre-filing clearance search is the applicant's responsibility.

How long does trademark protection last?

10 years from the filing date (MarkenG §47), renewable indefinitely for further 10-year periods. Renewal fees: €750 (DPMA) or €1,000 (EUIPO) per 10-year renewal.

What is the trademark opposition period?

After DPMA registration, earlier trademark owners have 3 months to file an opposition (MarkenG §42). DPMA opposition fee: €250. We monitor applications and advise on opposition risk throughout the registration process.

Can a non-German company apply directly to the DPMA?

Non-EU applicants must appoint a German Patentanwalt or Rechtsanwalt as representative (MarkenG §96). Goldblum und Partner AG fulfils this requirement and files DPMA and EUIPO applications on behalf of international clients.

What can be registered as a German trademark?

Words, logos, colours, sounds, 3D shapes, positions, holograms, and motion marks under MarkenG §3. The mark must be distinctive and not merely descriptive of the goods/services. Crypto and blockchain project names are eligible if sufficiently distinctive.

What is the Nice Classification and which classes do I need?

The Nice Classification (NCL) divides goods and services into 45 classes. You must specify which classes your trademark covers — protection applies only to those classes. Multi-class applications are possible at DPMA (€150 per additional class above one) and EUIPO (€50 for 2nd class, €150 for each class from the 3rd). A clearance search and class strategy session is included in our trademark service.

Can a trademark be cancelled for non-use in Germany?

Yes. Under MarkenG §49, a German trademark can be cancelled for non-use (Verfallsantrag) if the owner has not put it to genuine use for any 5-year period after registration. A cancellation can be filed with the DPMA (€400 fee) or as a counterclaim in infringement proceedings. Always document trademark use — dates, media, sales volumes — to defend against non-use attacks.

What is the difference between a trademark and a design right in Germany?

A trademark (Marke under MarkenG) protects brand identifiers — names, logos, colours — that distinguish goods and services from competitors. A design right (Eingetragenes Design under GeschmMG and EU Design Regulation) protects the visual appearance of a product or part of it. They complement each other: a distinctive product shape may qualify for both. Trademark protection is indefinitely renewable every 10 years; German design rights last up to 25 years (five 5-year renewals).

Ready to Start?

Protect your brand in Germany.

Trademark clearance search, DPMA/EUIPO application, and opposition handling by specialist IP counsel in Düsseldorf.

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