World Intellectual Property Organization

Germany (DE)

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Miscellaneous

Nice Classification

The Office accepts all the class headings of the Nice Classification.
Some of the terms in the class headings, such as “machines” in class 7, or “implements” in class 8, or “repair” in class 37, must be specified as not sufficiently precise.

Representation before the Office

A non-resident holder must be represented by an attorney at law or patent attorney who is resident in Germany, or a national of an EU Member State or an EEA Member State.
The Office does not keep a list of professional representatives, but a facility search engine is available at:
http://www.patentanwaltskammer.de/index.html

Collective and Guarantee Marks

The regulations governing the use of a collective mark must be submitted directly to the Office within four months from the date of the provisional refusal.

Replacement

Recording of replacement takes place upon request, filed with the Office.
No fees are required and all rights are accrued.

Transformation

The Office carries out full examination, provided that the time limit for refusal of the international registration on which the application is based has not yet expired.
If, however, protection has already been granted in Germany, transformation will take place without further substantive examination.
The fee for transformation of a mark is 300 Euro plus 100 Euro for each additional class after the third one. For a collective mark, the fee is 900 Euro and 150 Euro for each additional class after the third one.

Maintenance Requirement

Not required.

Licenses

Recording in the International register of a trademark license related to an international registration does not have effect in Germany and the national law does not provide for recording in the National register of licenses in relation to international registration.

Last updated on: March 18, 2014

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