Introduction

Germany is one of the global leaders in Intellectual Property laws and offers robust protection to IP holders. Due to this, German technologies and research pioneer their fields. Trademarks have emerged as assets for businesses in the modern consumer markets with countless options of similar goods. This blog aims to delve into the German trademark framework, providing a comprehensive yet concise introduction. 

Germany is the world’s third-largest economy with over 4.4 trillion dollars of nominal GDP and is home to a few of the biggest multinational corporations, including the world-renowned BMW group, Allianz group and adidas, to name a few. It is one of the most sought-after markets known for its robust laws and time-tested regulations that foster a conducive growth environment for businesses. Well elaborated and enforced Intellectual property laws form a basis for companies to invest in brand building and research and development of newer and improved technologies that make the German-built and developed goods one of the most reliable and superior among their competition. 

Businesses in Germany treat trademark filing as a crucial step to protect their brand name and the trust they’ve built over decades or even centuries. The large number of annual filings at the German Patent and Trademark Office reflects this importance, placing Germany second only to France in Europe. Trademarks have come forward to become important assets for all businesses, This blog will delve into the overview of substantive and procedural trademark laws in Germany to provide a clear understanding of the same. 

German trademark system

The “ Deutsches Patent- und Markenamt” or the German Patent and Trade Mark Office is the statutory body responsible for the filing of trademarks and patents under the jurisdiction. As a member of the European Union, there are 3 separate ways to file a trademark in Germany:

1. The German Patent and Trade Mark Office registration,
2. European Union trademark (EUTM) registration,
3. and international trademark registration via the Madrid System and the Paris Convention.

All 3 of them differ in jurisdictions, costs, enforceability, and registration process. In this blog, we will focus on the trademark registration by the DPMA or the German Patent and Trademark Office. 

German Patent and Trade Mark Office

The German Trademark Act (Markengesetz) regulates trademarks in Germany. It grants trademarks that are enforceable across the country, making them ideal for new businesses seeking regional protection for their distinctive signs. Notably, the law also protects unregistered marks that have acquired secondary meaning in the marketplace. Their owners can also file objections to anyone else filing for their distinctive marks and refer the dispute to Deutsches Patent- und Markenamt (DPMA) or civil courts, which gives a fair chance to emerging players or traditional businesses to safeguard their identity.  Germany protects both traditional and non-traditional signs, as long as they meet the prescribed legal criteria.

Signs are not eligible for registration if they:

• Lacking any distinctive character.
• They are merely descriptive.
• Competitors commonly use them to refer to similar goods or services.
• Consists solely of shapes that are inherent to the product’s nature, necessary for a technical function, or add significant value to the product.
• Violate public policy or accepted standards of morality.
• Have the potential to mislead consumers, for instance, about the type, quality, or origin of the goods or services.
• Applicants use legally protected signs without proper authorisation or submit trademarks in bad faith to gain unfair advantage.

Also, one of the notable characteristics of German trademark law is the presence of Preliminary injunctions. They are a highly effective legal remedy in Germany, particularly in trademark disputes where timing is critical. They enable rights holders to act swiftly to protect their interests while awaiting a final judgment. In especially urgent and clear-cut cases, courts may even issue an ex parte injunction within just 24 to 48 hours. 

These injunctions are immediately enforceable, allowing for rapid removal of infringing products from the market. To counter the risk of sudden injunctions, defendants may also file a protective writ a preemptive submission that can persuade courts to either deny the injunction or at least hold an oral hearing before issuing it.

Registration of trademarks

In Germany trademark can be filed and registered by both citizens and noncitizens. Germany has the 4^th highest number of non-resident filings, showing the trust of people in the laws and just enforcement practices of Germany.

In Germany, foreign applicants must appoint a local representative, who must necessarily be a German resident, to become a point of contact for the German enforcement bodies. Such individuals are known as trademark agents.

Traditional and non-traditional trademark signs

Based on the representative elements, trademarks can be classified into traditional and non-traditional. The DPMA registers both traditional and non-traditional trademarks in Germany. It classifies marks with text and figures as traditional, while all other types fall under non-traditional trademarks.

Traditional trademark signs: 

1. Word Marks (Wortmarken): Protect words, slogans, or letter/number combinations, regardless of styling. Example: “Siemens” – The company name is protected in any font or format.
2. Figurative Marks (Bildmarken): Cover logos or symbols without text, focusing on visual design. Example: Mercedes-Benz’s star – The logo is protected even without the brand name.
3. Combined Word and Figurative Marks (Wort-/Bildmarken): Protect specific combinations of text and visuals, like stylised logos. Example: Adidas logo – The brand name in its unique font, combined with the three stripes, is protected as one unit.

Non-traditional trademark signs: 

1. 3D Trademarks: Protect the three-dimensional shape of products or packaging. 
2. Sound Trademarks: Covers recognisable sounds, jingles, or audio logos submitted as digital audio files. Example: Netflix’s “Tudum” – The iconic sound that signals the brand’s presence.
3. Colour Trademark: A single colour or specific colour combination can be protected if it identifies a brand. Example: Milka’s purple colour wrapper. 
4. Position Trademarks: Protects the precise placement of a symbol or feature on a product. Example: Levi’s red tag – It’s fixed position on the back pocket.
5. Pattern Trademarks: Covers repeating, distinctive patterns used on products or packaging. Example: Louis Vuitton monogram.
6. Motion Trademarks
7. Hologram Trademarks: In Germany, the majority of new registrations are for traditional trademarks, with a rising trend of non-traditional trademarks as well. In 2023, over 97% of trademarks filed under the DPMA were traditional trademarks, with less than 3 % being non-traditional marks.

Procedure for registration

Brands adopt trademark registration as a strategic move to protect their distinctive marks and build user trust. To begin the process, they must first create a mark that captures the brand’s essence while ensuring it isn’t merely descriptive. Applicants can search the DPMAregister database for initial clearance and use third-party tools or seek legal advice for a more thorough check. Statistics show that around 15% of trademark applications face opposition due to earlier rights that proper research could have revealed.

Once your mark is cleared, you can send your application through the DPMA’s online platforms DPMAdirektWeb for casual users or DPMAdirektPro for professionals. The application must include a proper representation of the trademark (image, sound, etc.), a classification of goods or services under the NICE system, applicant details, and payment of fees. 

The DPMA will then examine the application for formalities and legal requirements. This stage typically takes 3–6 months. However, the examination does not cover potential conflicts with existing marks, reinforcing the importance of your earlier search efforts.

After passing this stage, the trademark is officially registered and will have protection for 10 years, which can be renewed indefinitely. After the registration, there is a 3-month-long opposition period. Grounds for opposition can include

• Prior trademarks
• Well-known marks
• Protected geographical indications. 

Around 5–8% of marks encounter formal opposition during this phase. The total time required for the entire process takes around 6 to 8 months, provided there is no objection raised. 

Conclusion

Registering trademarks is always a smart move by brands. It not only protects the brands from malicious and deceptive knock-offs but also protects consumers from confusion and enables them to make informed choices. The German trademark system ensures this through a transparent registration procedure and robust enforcement, discouraging any infringement. Early registration and proper maintenance of trademarks can benefit the brands immensely. 

References 

1. DPMA, ‘Trademark Protection’ (accessed 18 May 2025) https://www.dpma.de/english/trade_marks/trade_mark_protection/index.html
2. Nominus, ‘German Trademark Guide: Types, Registration & Costs (2025)’ (accessed 16 May 2025) https://www.nominus.com/blog/register-trademark-germany-guide
3. German Trademark Act, 1994.
4. TramaTM, ‘How to Register a Trademark in Germany’ (accessed 16 May 2025) https://www.tramatm.com/country-guide/germany
5. Gowling WLG, ‘Trademarks in Germany: Game-changing Advantages’ (12 November 2021)https://gowlingwlg.com/en/insights-resources/articles/2021/trademarks-in-germany-game-changing-advantages
6. World Trademark Review, ‘Trademark Procedures and Strategies: Germany’ (27 December 2021)https://www.worldtrademarkreview.com/global-guide/the-wtr-yearbook/2017/article/trademark-procedures-and-strategies-germany
7. German Patent and Trade Mark Office (DPMA), Annual Report 2023 (2023) https://www.dpma.de/digitaler_jahresbericht/2023/assets23/pdf/dpma_annual-report2023.pdf
8. German Patent and Trade Mark Office (DPMA), Trade Marks – An Information Brochure on Trademark Protection (2021) https://www.dpma.de/docs/english/broschueren_eng/bro_trademarks_en.pdf]
9. WIPO, Intellectual Property Statistical Country Profile Germany (2023) https://www.wipo.int/edocs/statistics-country-profile/en/de.pdf