Trade Marks -

German Patent
and Trade Mark Office
Trade Marks
An information brochure on trade mark protection
Content
How do you make your purchasing decision?
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Trade marks - guidance through the maze of many diverse products and services
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What actually is a trade mark? Forms, colours, sounds…
5
Trade Mark? Hit the mark.
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How will you get your trade mark? Apply for registration.
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Small fee - big effect
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Rights conferred by a registered trade mark
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Contact us. We will be pleased to answer your questions.
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Service - addresses and telephone numbers
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Imprint
Trade Marks
Trade Marks
How do you make your purchasing decision?
Trade marks give a name to
a product or service, they create a “look”
Trade marks stand for quality, innovation and
tradition. They are signals triggering certain
emotions and influencing purchasing
decisions. Strong trade marks
ensure growth and success
in the market. So register
your trade mark.
Trade Marks
3
Trade marks guidance through the maze of many diverse products
and services
4
Trade Marks
What actually is a trade mark?
Forms, colours, sounds…
We see trade marks wherever we go. They come in amazing shapes and colours. It is not only words and slogans
that can be protected, but also images and logos, colours and combinations of colours, three-dimensional forms,
radio jingles and even movements.
Here are some examples. If you want to see more, visit our trade mark register at: https://dpinfo.dpma.de:
Word mark: Tesa, Pattex; Figurative mark: Mercedes star; Combined word /figurative mark: OBI with beaver;
Colour mark: lilac/ purple; Three-dimensional mark: Citrovin or Sierra Tequila; Movement mark: SpeeFuchs, Fleckenteufel;
Sound mark: “Wenn’s um Geld geht, Sparkasse”, “Haribo macht Kinder froh”, Telekom.
Three-dimensional
mark:
Sierra Tequila
Word mark: Pattex
Combined word /figurative mark: OBI with beaver;
Sound mark: “Haribo macht Kinder froh”
Colour mark: lilac/ purple
Trade Marks
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Trade Mark? Hit the mark.
Trade marks signal that goods and
the goods and services offered cannot
services originate from a particular
be registered as trade marks. They have
supplier. This means that trade
to be kept free for general use, ie.
marks distinguish your goods
competitors should be free to use those
and services from those of your
terms without restriction. That is why
competitors.
“sunflower” cannot be registered as
a trade mark for flowers and the like,
What should be considered
when applying for a trade
mark?
but can be registered, for example, for
prefabricated homes or heaters.
Furthermore, the word “sunflower” is
Let your creativity flow freely. However,
not associated with a particular florist
under the Trade Mark Law, the trade
in the public mind. This means that
mark has to fulfil certain conditions.
it has no distinctive character. This
For example, it must have distinctive
is another reason why “sunflower”
character and must not constitute a
cannot be registered as a trade mark
sign that has to be kept free for general
for flowers and the like. Furthermore,
use. That is what the Trade Mark Law
“sunflower” for flowers and seeds.
general words of praise commonly used
says, but what does it mean?
He would be able to prohibit all
in advertising (such as “super”) cannot
other traders from using the term
be protected as trade marks, because
Imagine that a florist has obtained
“sunflower” on flowers and seeds.
they do not refer exclusively to one
trade mark protection for the word
Generally used terms which describe
particular supplier.
How will you get your trade mark?
Apply for registration.
It is easy to apply for your (German)
information are complete. It also
registered for another proprietor in an
trade mark. Simply file your
examines the basic requirements for
identical or similar form. Otherwise
"Anmeldung zur Eintragung einer
protection. The trade mark must not
the proprietor of an earlier trade mark
Marke in das Register" (application
be descriptive and must have distinctive
might file a so-called “opposition” to
for registration of a trade mark
character. If the conditions are met,
your newly registered “later” trade
in the register) with the German
nothing will stand in the way of the
mark. In that case, your trade mark
Patent and Trade Mark Office.
registration of the trade mark and you
would have to be cancelled - which
You can download the form at
will get your registration certificate.
would be a pity indeed!
www.dpma.de or call our
Then you will be able to use the ®
information services to request a
symbol with your trade mark and
To be on the safe side you can
copy (see Service part).
apply the registered trade mark to your
commission a commercial trade mark
goods.
search or visit a patent information
centre (cf. www.patentinformation.de).
Please indicate the trade mark on the
Important Notice:
The free electronic trade mark register
form and specify the goods/services for
The trade mark department does not
of DPINFO (at https://dpinfo.dpma.de)
which you seek trade mark protection.
check whether identical or similar trade
provides information on the trade mark
marks have already been registered.
applications and registrations at the
Our trade mark department will check
Before filing an application you should
German Patent and Trade Mark Office.
whether the documents and required
make sure that your mark has not been
Trade Marks
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Small fee - big effect
Short overview on the costs of a trade mark application:
Application fee
300 Euro
(for up to three classes of goods/services)
Additional class fee for each class over three
100 Euro
Renewal fee
750 Euro
(after 0 years, for up to three classes of goods/services)
Renewal fee for each class over three
260 Euro
The detailed schedule of fees (“Information on Costs, Fees and Expenses”) is
available at http://www.dpma.de/formulare/a950_.pdf.
Rights conferred by a registered trade mark
Territory of protection
You have filed a trade mark
cease-and-desist letter inviting him to
application and have received the
refrain from any infringing action, to
certificate of registration? Now you
provide information on the type and
Trade marks registered at the German
can utilise the trade mark on your
extent of previous infringing acts and to
Patent and Trade Mark Office are valid
products and for advertising, or
pay damages. If the infringer does not
in the territory of the Federal Republic
licence it to third parties.
sign a declaration to cease and desist,
of Germany. If you wish to obtain
you can apply to the courts to enforce
international trade mark protection, you
your rights.
can apply for international registration
In addition, trade mark registration
offers you a tool for fighting
at the World Intellectual Property
counterfeiting. If your trade mark is
being used without your consent you
can seek injunctive relief or request the
Organization (WIPO) or for Community
How long does trade mark
protection last?
destruction of marked products. Under
wide registration at the Office for
Harmonization in the Internal Market
(OHIM). For more information, please
specific circumstances you are entitled
A trade mark is the only IP right
visit the WIPO website at www.wipo.int
to damages: You can request payment
that can last forever. The initial term
and the OHIM website at
of a reasonable licence fee, the gains
of protection is 0 years and can
http://oami.europa.eu.
achieved, or compensation for lost
subsequently be renewed for further
profit.
ten-year periods. The first-ever German
trade mark, registered as no. , still
In a first step, you can send the
figures in the trade mark register.
infringer of your trade mark a
Trade Marks
9
Contact us.
Service - Addresses and Telephone
We will be pleased Numbers
to answer your
questions.
The information services at the German
Munich
Patent and Trade Mark Office in
Deutsches Patent- und Markenamt
Munich, at the Jena Sub-Office and the
Zweibrückenstraße Technical Information Centre in Berlin
8033 München / Germany
provide expert information on trade
Switchboard Operator
mark applications (for contact details,
Fax
(+49 - 89) 95 - see Service part).
Press and Public Relations Office
(+49 - 89) 95 - 3
Enquiry Unit
(+49 - 89) 95 - 340
Please visit our website at
Search Room
(+49 - 89) 95 - 0
(+49 - 89) 95 - 3403/504
www.dpma.de for in-depth information
on patents, utility models, trade marks
and designs, and for downloading
Jena
application forms. On this site, you
Deutsches Patent- und Markenamt
will also find our detailed information
Dienststelle Jena
brochure on trade marks.
Goethestraße 07743 Jena / Germany
Switchboard Operator
Fax
Enquiry Unit
(+49 - 364) 40 - 54
(+49 - 364) 40 - 5690
(+49 - 364) 40 - 5555/5666
Berlin
Deutsches Patent- und Markenamt
Technisches Informationszentrum Berlin
Gitschiner Straße 97
1
Switchboard Operator
Fax
(+49 - 30) 599 - 0
(+49 - 30) 599 - 404
Enquiry Unit
(+49 - 30) 599 - 0/
Search Room
(+49 - 30) 599 - 30/3
Internet: www.dpma.de
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Trade Marks
Imprint
Published by:
Deutsches Patent- und Markenamt
Text:
Kirsten Bernotat, Sandra Kaltenbach, Diane Nickl, Beate Schmidt, Richard Vilsbeck
Layout:
Klaus Obermaier
Printed by:
Zentrale Vervielfältigung des Deutschen Patent- und Markenamts
Trade Marks - An information brochure on trade mark protection
Deutsches Patent- und Markenamt
last update: January 007
We wish to thank the following companies for their co-operation:
Ferrero oHG mbH
Bonduelle GmbH
Beiersdorf AG
Melitta Unternehmensgruppe
Henkell & Söhnlein Sektkellerei KG
Henkel KGaA
Kraft Foods Deutschland
Procter & Gamble Service GmbH
Colgate−Palmolive GmbH
Unilever Deutschland GmbH
SCA Hygiene Products GmbH
Staatliche Porzellan Manufactur Meissen GmbH
DaimlerChrysler AG
HARIBO GmbH
OBI Bau- und Heimwerkermärkte GmbH & Co
BORCO-MARKEN-IMPORT MATTHIESEN GMBH & CO. KG
Robert Bosch GmbH
SCHNEEKOPPE GMBH & CO. KG
Weißenfelser Handels-Gesellschaft mbH
HIT Handelsgruppe GmbH & Co. KG.
Trade Marks