The DPMA Trademark Application Procedure - From Filing to Registration

1. Preparing to File a Germany Trademark Application

Before applying to the German Patent and Trademark Office (DPMA), applicants should ensure that the proposed mark is both available and registrable.

A comprehensive search for existing German, EU, and international trademarks covering Germany is highly recommended, as the DPMA does not perform any search for prior conflicting marks during examination.

Applicants should also clearly define:

• The goods and services for which protection is sought, classified under the Nice Classification.
• The type of mark (word, figurative, three-dimensional, sound, motion, etc.).
• The applicant’s identity (individual or corporate entity).
• Each application should reflect a precise commercial intent - broad or imprecise lists of goods may later cause conflicts or partial refusals.

2. Filing the Application

Applications may be filed electronically through the DPMA’s online portal (DPMA direktWeb), by mail, or via fax. To obtain an official filing date, the following must be included:

• A clear representation of the mark
• A list of goods and services (classified properly), and
• Payment of the applicable fees

The official application fee covers up to three classes of goods or services.

Additional classes require extra fees. If payment is not made in full, the DPMA will issue an official notification; if the deficiency is not remedied, the application will be deemed withdrawn.

3. Examination by the DPMA

The DPMA examines two main aspects:

• Formal Examination
  • Ensures that the application meets procedural and technical requirements (e.g., correct classification, applicant information, fee payment, format).
  • Substantive Examination (Absolute Grounds)
     Checks whether the mark violates any absolute grounds for refusal, such as lack of distinctiveness, descriptiveness, or contravention of public policy.
  • The DPMA does not assess conflicts with earlier trademarks. It is the applicant’s responsibility to avoid infringing older rights.
  • If deficiencies are identified, the DPMA issues an official action granting at least one month to respond, extendable upon request. Failure to overcome the objections leads to refusal of the application.

4. Decision and Appeals

If the DPMA examiner refuses the application (fully or partially), the applicant may file an appeal within 1 month of notification.
There are two possible routes:

• Administrative appeal before the DPMA itself, or
• Direct appeal to the Federal Patent Court (BPatG), depending on who issued the initial decision.

Decisions of the Patent Court may, in rare cases, be appealed to the Federal Court of Justice (BGH). These appeal levels ensure procedural fairness and consistency in interpretation of the Trademark Act.

5. Publication and Registration

Once the DPMA approves the application, it proceeds to publication and registration. The trademark is published in the official German Trademark Gazette (Markenblatt), and registration takes legal effect from the date of entry into the Trademark Register.

In the absence of official actions or objections, the registration process typically takes 3-6 months from the filing date. However, this timeframe may vary depending on the complexity of the mark or any examiner queries.

6. Opposition Period

Following publication, there is a 3-month opposition period during which third parties may oppose the registration based on earlier rights. Oppositions may be based on:

• Older German trademarks
• EU trademarks
• International trademarks designating Germany
• Protected trade designations, geographical indications, or designations of origin

An official opposition fee must be paid, and if multiple earlier rights are cited, an additional fee applies for each one.

If no opposition is filed within the 3-month window, the registration becomes final and fully enforceable.

7. Validity and Renewal

A German trademark is valid for 10 years from the filing date (not the registration date). It can be renewed indefinitely for further 10-year periods by paying the renewal fee before expiry.

Renewal fees can also be paid within a 6-month grace period following expiry, subject to an additional surcharge. Renewals and any deletions are recorded in the official register, accessible at: 👉 https://register.dpma.de/DPMAregister/marke/basis

8. Key Timelines Overview

9. Common Pitfalls to Avoid

• Descriptive marks: Choosing generic or descriptive terms can lead to refusal.
• Incomplete goods list: Errors in classification can delay examination.
• Late fee payment: Failure to pay in time results in loss of filing date.
• Ignoring earlier marks: Since DPMA does not check for prior rights, conflicts can lead to later cancellation.
• Neglecting use requirements: Trademarks not used within five years become vulnerable to revocation.

10. Strategic Insights

• Consider filing both national and EU trademarks if your business covers multiple EU markets.
• To safeguard your filing date, file early and correct deficiencies later.
• For large portfolios, use priority claims under the Paris Convention (6-month period).
• If you foresee potential opposition, be ready for cooling-off negotiations with opponents to reach settlement.

Summary

The DPMA application process is efficient but formalistic. It focuses exclusively on absolute grounds, placing the burden of market clearance and conflict avoidance on applicants. A well-prepared filing - supported by a prior search, clear classification, and distinct branding - can lead to swift registration within months. Once registered, the mark enjoys strong statutory protection throughout Germany and can form the foundation for EU or international expansion under the Madrid System.