Dr. Robert Fichter
Aug 1, 2023
Learn why a national German trademark could be preferred over a European trademark filing
Germany is the most important market in the European Union. Not only has Germany the highest GDP among all EU member states, but also the available per capita gross income of households in Germany was 129 percent of the EU-27 average. Thus, the purchasing power of households in Germany per capita is 29 percent above the average value of the EU. With about 84 million people, Germany has the highest number of inhabitants and consequently possible customers of all EU countries.
The German trademark system executed by the German Patent and Trademark Office (DPMA) headquartered in Munich is cost-efficient. For 290 € one can file a trademark application in up to three Nice classes. The DPMA doesn't charge any publication or registration fees.
Trademarks can easily be filed using a convenient web-interface or a downloadable software tool. No Power of Attorney is needed.
In our practice, we have seen trademarks registered ony 10 days after filing. Regulary, we see registration within 4 weeks, but more frequently during the first 2 to 3 months after filing. They key to a fast registration process is the use of pre-defined terms in the list of goods and services.
Germany applies a post-registration opposition procedure, unlike the EUIPO at which the opposition period starts after publication of the trademark application. This has a number of positive effects for trademark owners, including quickly available registered rights for enforcement. Also, the famous R in a circle may only be attached to registererd marks. Marketeers will love this!
Further, examination on absolute grounds is based only on grounds valid in Germany. For example, a sign containing an expression that could be descriptive in another European language not frequently understood in the German public could make it into a German trademark registration, while it would be refused by the EUIPO.
Last but not least, German oppositions can only be based on rights with effect for Germany, for example national German marks, EU marks, or International Registrations covering Germany. In contrast thereto, marks from 27 EU member states may form the basis of an opposition against a EU trademark application.
In summary, a national German mark makes sense for reasons of efficiency and safety. It can also be applied for in addition to a European mark as a fallback position should the EU mark be cancelled.