Trademarks Law in Germany
Hereβs a comprehensive overview of Trademark Law in Germany:
π Legal Framework in Germany
1. Primary Law
German Trademark Act (Markengesetz, MarkenG) β governs national trademarks.
Germany is also fully integrated into the European Union Trademark (EUTM) system.
π‘οΈ Trademark Protection
What Can Be Registered?
Words, names, letters, numerals
Logos, designs, symbols
Shapes, colors, sounds (if distinctive)
Holograms, motion marks, multimedia marks
βοΈ Rights Granted
Exclusive right to use the trademark within Germany for the registered goods/services.
Right to prevent unauthorized use, imitation, or infringement.
Rights to license, assign, or pledge the trademark.
π Duration of Protection
Initial registration term: 10 years
Renewable indefinitely for successive 10-year terms upon payment of fees.
π International Treaties and EU Law
Germany is a member of:
European Union β trademarks can be registered through the European Union Intellectual Property Office (EUIPO) for protection throughout the EU.
Paris Convention
Madrid Protocol β enables international registration.
TRIPS Agreement
Nice Classification for goods and services.
ποΈ Administration
German Patent and Trademark Office (DPMA) manages national trademark registrations.
EU trademarks are handled by the EUIPO.
Applications undergo examination for formal requirements and absolute grounds.
Publication and opposition period are part of the registration process.
π Enforcement
Trademark infringement cases are handled by German courts.
Remedies include injunctions, damages, destruction or recall of infringing goods.
Customs authorities can assist in enforcing rights against counterfeit imports.
Additional Notes
Use requirement: Trademark may be canceled if not used for 5 consecutive years.
Well-known trademarks get additional protection.
Both national and EU trademarks coexist; applicants choose based on territorial scope.
Germany also recognizes collective and certification marks.
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