The short answer
A German trademark is protected for 10 years counted from the filing date and can be renewed for further 10-year periods. Ask for renewal in the 6 months before expiry, or in the 6 months after expiry as a last chance. Germany registers first and publishes after: anyone can oppose within 3 months of the publication of the registration. A mark that has not been used for an uninterrupted 5 years can be revoked. A foreign owner with no residence or establishment in Germany needs a German lawyer or patent attorney as representative.
Trademark deadlines in Germany at a glance
These periods come from the German Trade Mark Act (Markengesetz, MarkenG), in the official English translation published by the Federal Ministry of Justice. The authority is the German Patent and Trade Mark Office (DPMA). We re-check every deadline against the current German text before we file.
| Question | Answer |
|---|---|
| How long does protection last? | 10 years, renewable for further 10 years on request and payment of the renewal fee (Section 47(1) and (2)). |
| Which date does the term count from? | The filing date. Protection lasts ten years from the filing date under Section 33(1) (Section 47(1)). |
| When can I renew? | In the 6 months before expiry (Section 47(6)). |
| Is there a grace period? | Yes. A further 6 months after expiry is allowed (Section 47(6)). A late-payment surcharge may apply under the fee rules, which we check. |
| When does renewal take effect? | The day after the previous protection expires (Section 47(7)). |
| Will the DPMA remind me? | It must notify the owner at least 6 months before expiry, but failing to do so creates no liability for the Office (Section 47(5)). Do not rely on it. |
| Opposition period | 3 months after the date of publication of the registration (Section 42(1)). |
| Priority claim | Under the Paris Convention. State the date and country of the earlier application within 2 months after filing, or the priority right is forfeited (Section 34(3)). |
| Non-use | A registration can be revoked if the mark was not used for an uninterrupted 5 years after opposition is no longer possible (Section 49(1)). Use must be genuine use in Germany (Section 26). |
| Assignment | The right can be transferred for all or some of the goods or services, and the transfer is recorded in the Register on request with proof (Section 27). |
| Representative | Required for owners with no residence, principal place of business or establishment in Germany (Section 96). |
Who can register a trademark in Germany
Individuals and legal entities from any country can apply to the DPMA. Protection begins when the mark is entered in the Register, and runs from the filing date.
German representative. A person with neither a residence nor a principal place of business nor an establishment in Germany may take part in DPMA and Federal Patent Court proceedings, and assert trademark rights, only if a German lawyer or patent attorney authorised to represent them is appointed (Section 96(1)).
Trademark registration process in Germany
Search
- Search the DPMA register and the EU register for identical or similar marks in your classes.
File the application
- File with the DPMA through your representative if you are abroad.
- State any priority within 2 months after filing (Section 34(3)).
Examination
- The DPMA checks formalities and absolute grounds for refusal. If something is missing, it sets a period to fix it (Section 36).
Registration and publication
- If there is no reason to refuse, the mark is entered in the Register and the registration is published (Section 41).
Opposition window
- The owner of an earlier right can oppose within 3 months after the publication of the registration (Section 42).
Official fees are set in the DPMA fee schedule and change. We confirm the current fee, including the extra class fee from the fourth class, before we quote.
Germany trademark validity and renewal
- The term is 10 years from the filing date, not from the registration date.
- Renew in the 6 months before expiry, with the renewal fee and any class fees.
- A further 6 months after expiry is allowed. Do not plan on using it.
- Renewal takes effect the day after the old term ends.
The DPMA reminder is a courtesy. The duty to renew is yours, and we diarise every German expiry date.
Assignment, licence and changes to a German trademark
Assignment
Transfer of the mark
The right can be transferred for all or some goods or services. The transfer is recorded in the Register on request, with proof (Section 27).
Representative
Change of representative
If a representative's appointment ends, the termination and the new appointment must both be reported to the DPMA (Section 96(3)).
Name or address
Change of the owner's details
Record the change with the DPMA so notices reach the right address. Ask us for the current form.
Licence
Licence recordal
Ask us for the current DPMA procedure for recording licences.
Revocation and non-use of a German trademark
Under Section 25, the owner cannot assert rights against third parties if the mark was not used in the five years before the assertion, subject to conditions. Under Section 49(1), a registration can be revoked if the mark was not used for an uninterrupted five-year period after opposition is no longer possible. Use must be genuine use in Germany by the proprietor for the registered goods or services (Section 26).
Keep dated proof of use in Germany: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Germany
Search the DPMA online register for applications and registrations, and check the publication date of the registration. The 3-month opposition period runs from that publication.
Sources used
- Markengesetz (German Trade Mark Act), English translation published by the Federal Ministry of Justice (gesetze-im-internet.de): Sections 25, 26, 27, 33, 34, 36, 41, 42, 47, 49 and 96.
- German Patent and Trade Mark Office (DPMA) for fees, forms and the register.
Germany trademark FAQ
How long does a trademark last in Germany, and from when?
10 years from the filing date, renewable for further 10-year periods (Section 47).
When should I renew a German trademark, and is there a grace period?
In the 6 months before expiry. A further 6 months after expiry is allowed (Section 47(6)).
What is the opposition period in Germany?
3 months after the publication of the registration (Section 42(1)).
How much does it cost to register a trademark in Germany?
The official fee is set by the DPMA and depends on the number of classes. We confirm the current fee and quote the full cost before filing.
Can a foreign company register a trademark in Germany?
Yes. If it has no residence, principal place of business or establishment in Germany, it must appoint a German lawyer or patent attorney as representative (Section 96).
Can I assign a German trademark?
Yes, for all or some goods or services. Record the transfer in the Register on request, with proof (Section 27).
Can a German trademark be revoked for non-use?
Yes, after an uninterrupted 5 years without genuine use in Germany (Section 49(1)).
Does Germany register first and publish later?
Yes. The mark is entered in the Register and the registration is published, and the opposition period follows (Sections 41 and 42).
Can I claim priority from my home country?
Yes, under the Paris Convention. State the date and country of the earlier filing within 2 months after filing (Section 34(3)).
Does a German trademark cover the whole EU?
No. A German registration covers Germany only. An EU trademark covers all EU member states.
Protect your brand in Germany
SUPREMEiP® files trademarks worldwide through its network and checks every German deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
