In short
Trade mark protection is the exclusive right to use a sign such as a name, a logo or a slogan for certain goods and services (Sec. 14 (1) MarkenG). It arises reliably through entry in the register of the German Patent and Trade Mark Office (DPMA) (Sec. 4 no. 1 MarkenG) or as an EU trade mark (Unionsmarke) at the European Union Intellectual Property Office (EUIPO). Filing online with the DPMA costs €290 for up to three classes; protection lasts ten years from the filing date and can be renewed for ten years as often as you like.
Key points
- Trade mark protection only applies to the registered goods and services and only in the territory of protection: Germany with the DPMA, all EU member states with the EUIPO.
- The DPMA does not check whether an older, similar trade mark already exists. The search is your job.
- An entry in the commercial register only protects your company name in the same place against companies that are not clearly distinguishable. Nationwide register protection only comes with a trade mark.
- A logo can be protected in parallel as a trade mark and as a design.
- After five years without genuine use, a trade mark becomes vulnerable and can be cancelled.
Contents
- What is trade mark protection?
- How does trade mark protection arise? Three routes
- What you can protect: name, logo, slogan
- Protecting your company name: trade mark, commercial register or business identifier?
- Protecting a logo: trade mark, design or copyright?
- What cannot be protected
- Checking trade mark protection: search before you file
- Procedure and duration: how long does trade mark protection take and last?
- What does trade mark protection cost?
- Germany, EU or international?
- Obligations after registration
- Trade mark infringed: what you can do
- Checklist: trade mark protection in 7 steps
- FAQ
What is trade mark protection?
A trade mark is a sign that distinguishes the goods or services of one business from those of other businesses. The Trade Mark Act (MarkenG) lists examples of what qualifies: words including personal names, images, letters, numbers, sounds, three-dimensional shapes, colours and combinations of colours (Sec. 3 (1) MarkenG).
Trade mark protection means: only you may use this sign in the course of trade for your goods and services; third parties are prohibited from using identical signs and similar signs that are likely to be confused with it (Sec. 14 (2) MarkenG). You can transfer the trade mark (Sec. 27 MarkenG) and, according to the DPMA, license it to third parties at any time.
There are three limits you need to know:
- Goods and services: The trade mark only protects what is in the list. Anyone who registers "Lumio" for software can generally not prohibit a bakery from using the same name. Trade marks with a reputation reach further (Sec. 14 (2) no. 3 MarkenG).
- Territory: A German trade mark has effect in Germany, an EU trade mark in the EU.
- Subject matter: The trade mark protects the sign, not the idea, the product or the technology behind it. For technology there are patents and utility models (Gebrauchsmuster), for the design of a product the registered design.
How does trade mark protection arise? Three routes
The law knows three routes (Sec. 4 MarkenG):
- Registration in the DPMA register: the normal case, with the start and scope of the right in black and white.
- Use in the course of trade, if the sign has acquired recognition as a trade mark among the relevant public (Verkehrsgeltung). Whether that is the case is only settled by a court in a dispute.
- Well-known status (notorische Bekanntheit) within the meaning of the Paris Convention, only for very well-known signs.
For founders, only the first route matters in practice. The decisive date is the filing date: it determines the priority (Zeitrang) over other rights (Sec. 6 (2) MarkenG) and the start of the ten-year term of protection (Sec. 47 (1) MarkenG). However, you only have claims from the registered trade mark; an application only becomes an obstacle to later trade marks once it is registered (Sec. 9 (2) MarkenG).
What you can protect: name, logo, slogan
When filing, you decide what form the trade mark takes. This determines exactly what is protected.
| Type of mark | What is protected | Typical for |
|---|---|---|
| Word mark (Wortmarke) | The sequence of letters, numbers and common special characters, in all common fonts, upper and lower case | Company name, product name, slogan |
| Figurative mark (Bildmarke) | An image without a word element | Pictorial sign, symbol |
| Combined word and figurative mark (Wort-/Bildmarke) | Lettering and design in the specific combination | Logo with lettering |
| Other forms | Sounds, colours, three-dimensional shapes, multimedia | Jingle, house colour, packaging |
The word mark is the most flexible form because it applies regardless of font and colour. The combined word and figurative mark only protects the registered design; according to the DPMA, however, a distinctive graphic can just about give a descriptive word distinctive character. Anyone who wants to secure name and logo comprehensively often files two trade marks.
Slogans can in principle be protected as a word mark (DPMA), but purely promotional phrases often fail for lack of distinctive character. Domains can also be filed as a trade mark; only the distinctive part is then protectable, not "www." or ".de" (DPMA). Personal names are expressly mentioned in the law (Sec. 3 (1) MarkenG). However, even someone else's trade mark cannot prohibit you from using your own name, as long as you use it in line with honest practices (Sec. 23 (1) no. 1, (2) MarkenG).
Protecting your company name: trade mark, commercial register or business identifier?
Entry in the commercial register protects your name only to a very limited extent. The routes to protection compared:
| Route | Arises through | Applies where | Costs | Limit |
|---|---|---|---|---|
| Registered trade mark (Sec. 4 no. 1 MarkenG) | Application and registration with the DPMA | Germany | €290 official fee online, up to 3 classes | Only for registered goods and services; subordinate to older rights |
| Business identifier (Unternehmenskennzeichen) (Sec. 5 (2) MarkenG) | Use of the name in the course of trade | Where the business operates | no fee | You must prove start and scope in a dispute |
| Company name in the commercial register (Sec. 17, 30 HGB) | Registration | Only in the same place or the same municipality | Notary and register costs of the application | Only protects against a new company name in the same place that is not clearly distinguishable |
| Right to a name (Sec. 12 BGB) | Bearing the name | general | no fee | Protects against unauthorised use of the same name, not against similar signs |
Commercial register: A new company name only has to be clearly distinguishable from the company names registered in the same place or the same municipality (Sec. 30 (1) HGB). In another city, someone can register the same name. Against unauthorised use of your company name you have a claim for an injunction (Sec. 37 (2) HGB), but no nationwide protection against similar names. Whether you have to be in the commercial register at all depends on the legal form, see registered merchant.
Business identifier: The name under which you run your business is protected as a business designation (Sec. 5 (2) MarkenG). If the name is inherently distinctive, protection arises according to case law as soon as you start using it, without an application and without a fee. You can have confusingly similar designations prohibited and claim damages (Sec. 15 (2), (4) and (5) MarkenG); an older business identifier can even bring down a later registered trade mark if it entitles you to prohibit its use throughout Germany (Sec. 12, 51 (1) MarkenG). The drawback: you must prove yourself in a dispute when and where your right arose.
Conclusion: Only the trade mark brings an official date, nationwide effect and a register that others check before choosing a name. There is no obligation; it makes sense as soon as you invest in the name. If you have to change the name after a conflict, this also affects the company name in the register, see change of company name. More on choosing a name when founding in the guide to starting a business.
Protecting a logo: trade mark, design or copyright?
According to the DPMA, a logo can be protected in parallel as a trade mark and as a design.
| Protective right | Arises through | Duration | Protects |
|---|---|---|---|
| Trade mark | Registration with the DPMA or EUIPO | 10 years, renewable as often as you like | The logo as an indication of origin for your goods and services |
| Registered design | Registration with the DPMA | 5 years, renewable up to a maximum of 25 years | The appearance; must be new and have individual character when filed |
| Copyright | Creation, without registration | no renewal needed | Only designs that are a personal intellectual creation (Sec. 2 (2) UrhG) |
If the logo identifies your products or services, the trade mark is the right fit, because it can be renewed indefinitely. You should not rely on copyright for a simple logo, because it is uncertain whether it is a personal intellectual creation. If an agency designed your logo, have the rights of use granted to you by contract before filing. Recht 24/7 registers a design from €189 net plus VAT and official fees: Register a design.
What cannot be protected
The DPMA examines every application for absolute grounds for refusal (Sec. 37 (1) MarkenG). Under Sec. 8 (2) MarkenG, excluded signs include those
- that lack any distinctive character for the goods or services applied for, such as purely promotional words like "mega" or "cool" (examples from the DPMA),
- that merely describe what is offered: "Peach" for peaches (example from the DPMA),
- that have become customary in everyday language,
- that may deceive the public about the nature, quality or geographical origin,
- that are contrary to public policy or accepted principles of morality,
- that contain state emblems of sovereignty, coats of arms or official hallmarks,
- that were filed in bad faith.
If a descriptive sign has become established as a trade mark through use, it can still be registered (Sec. 8 (3) MarkenG); that does not help a new name. Invented words are the easiest to protect.
Checking trade mark protection: search before you file
The DPMA only examines absolute grounds for refusal, not older rights of third parties; according to the DPMA, applicants are expected to check these themselves beforehand. Older rights come to light later: by opposition, an application for a declaration of invalidity or a cease-and-desist letter (Abmahnung).
An older trade mark is protected not only against identical signs but also against similar signs if the goods or services are similar and there is a likelihood of confusion (Sec. 9 (1) no. 2, Sec. 14 (2) no. 2 MarkenG). Similarity can be aural, visual or conceptual. The classes only help roughly here: goods are not regarded as similar merely because they are in the same class, and not as dissimilar because they are in different classes (Sec. 9 (3) MarkenG).
How to proceed:
- Identical hits can be found free of charge in DPMAregister. For EU trade marks and international trade marks with effect for Germany, the DPMA also recommends the databases of the EUIPO and the World Intellectual Property Organization (WIPO).
- Similar signs can hardly be found there according to the DPMA; a similarity search is "not possible or hardly possible". Commercial searches exist for this.
- Unregistered rights such as company names and business identifiers are not in any trade mark register. Also check the commercial register, search engines and domains.
Whether a hit is dangerous remains a legal assessment. In the worst case, a conflict costs you the official fee, the trade mark and a new name.
Procedure and duration: how long does trade mark protection take and last?
The most important deadlines for a German trade mark:
- Filing date: You submit the application, details of the applicant, a representation of the trade mark and the list of goods and services (Sec. 32 (2) MarkenG). Priority and term of protection count from this day.
- Fee within three months: The fee must be credited within three months of receipt by the DPMA, otherwise the application is deemed withdrawn. The DPMA does not send an invoice.
- Examination: The office examines formalities, fees and absolute grounds for refusal (Sec. 36, 37 MarkenG). According to the DPMA, this usually takes a few months, but the office currently reports longer processing times. With accelerated examination (€200), a decision must be made within six months, provided you cooperate sufficiently.
- Registration and publication (Sec. 41 MarkenG).
- Opposition period: Within three months of publication of the registration, owners of older trade marks and business designations can file an opposition (Sec. 42 (1) MarkenG). After that, they still have invalidity proceedings (Sec. 51, 53 MarkenG).
- Grace period for non-use (Benutzungsschonfrist): From the day on which opposition is no longer possible, you have five years to put the trade mark to genuine use (Sec. 25, 26 (5), 49 (1) MarkenG).
- Renewal: The term of protection ends ten years after the filing date (Sec. 47 (1) MarkenG). The renewal fee falls due six months before expiry; after expiry there is a grace period of six months with a surcharge (Sec. 3 (3) PatKostG, Sec. 47 (6) MarkenG, DPMA).
Example from the DPMA: filing date 17 January 2019, expiry at the end of 17 January 2029. The renewal fee is due from 17 July 2028, payable without a surcharge until expiry, and after that with a €50 surcharge until 17 July 2029.
What does trade mark protection cost?
The official fees are fixed. They go directly to the office and are forfeited once the application is filed and paid, even if the trade mark is not registered.
| Item | DPMA (Germany) | EUIPO (EU) |
|---|---|---|
| Online application | €290 incl. 3 classes | €850 incl. 1 class |
| Paper application | €300 incl. 3 classes | €1,000 incl. 1 class |
| Additional classes | €100 per class from the fourth | €50 for the second, €150 per class from the third |
| Renewal after 10 years | €750 incl. 3 classes, €260 per class from the fourth | €850 online incl. 1 class (paper €1,000), €50 for the second, €150 per class from the third |
| Opposition to a later trade mark | €250, €50 for each additional earlier sign | €320 |
Sources: fee page of the DPMA, fees, fee list and opposition pages of the EUIPO, as at 13 November 2026.
Worked example: An agency files its name online with the DPMA for four classes. Official fee: €290 for three classes plus €100 for the fourth, €390 in total. The same trade mark as an EU trade mark for three classes costs €850 + €50 + €150 = €1,050 at the EUIPO.
Goods and services are divided into 45 classes under the Nice Classification, 34 for goods and 11 for services (DPMA). After filing, you can only restrict the list, not extend it (Sec. 39 (1) MarkenG): a forgotten class means a new application, a new fee and a new priority.
You may file yourself; you only need a lawyer if you have no residence, registered office or establishment in Germany (Sec. 96 MarkenG). At Recht 24/7, the German trade mark costs from €239, the EU trade mark from €289, each plus official fees and net plus VAT.
Germany, EU or international?
- German trade mark: DPMA, protection in Germany. Suitable if you only sell here.
- EU trade mark: EUIPO, protection in all EU member states, valid for ten years and renewable as often as you like (EUIPO). Opposition is possible within three months of publication of the application, i.e. before registration. As a unitary right, it can fail because of an older right in a single member state; it can then be converted into national applications for the remaining states (EUIPO).
- International registration (IR mark): On the basis of a German or an EU trade mark, you apply for protection in further countries via the WIPO. For a German base mark, the DPMA charges €180, plus the WIPO fees.
Obligations after registration
A registered trade mark needs looking after:
- Use it: After the five-year grace period has expired, the trade mark must be put to genuine use in Germany for the registered goods and services (Sec. 26 (1) MarkenG). Otherwise anyone can apply for its cancellation on grounds of revocation (Sec. 49 (1), 53 MarkenG), and your claims against third parties fail (Sec. 25 MarkenG).
- Renew it: According to its own information, the DPMA notifies you eight months before expiry, but is not liable if the reminder does not arrive (Sec. 47 (5) MarkenG). Without renewal, the trade mark is cancelled (Sec. 47 (8) MarkenG). Recht 24/7 renews from €169 net plus VAT and official fees: Trade mark renewal.
- Monitor it: You have to keep an eye on similar new applications yourself, because opposition is only possible for three months. Trade mark monitoring costs €29.90 per month gross at Recht 24/7.
- Mark it correctly: The ® indicates a registered trade mark (DPMA). Only use it after registration. What "TM" means and when ® becomes a problem is explained in the guide TM and ® symbols.
Trade mark infringed: what you can do
If someone uses your trade mark or a confusingly similar sign without your consent, you have these claims:
- Injunction, as soon as an infringement is first threatened (Sec. 14 (5) MarkenG), usually first by a cease-and-desist letter.
- Damages in the case of intent or negligence, also calculated on the basis of the infringer's profit or a reasonable licence fee (Sec. 14 (6) MarkenG).
- Opposition to a later registered trade mark within three months of publication of the registration (Sec. 42 MarkenG), after that an application for a declaration of invalidity with the DPMA or an action in court (Sec. 51, 53, 55 MarkenG).
- Criminal complaint: Intentional infringement of a trade mark or business designation is a criminal offence, punishable by imprisonment of up to three years or a fine (Sec. 143 (1) MarkenG, Sec. 15 StGB), and is generally only prosecuted upon complaint (Sec. 143 (4) MarkenG).
If you tolerate a later registered trade mark for five years while aware of its use, you can no longer demand its cancellation, except in cases of bad faith (Sec. 51 (2) MarkenG).
If you receive an offer to buy a trade mark that someone has filed in your name, you can, according to the DPMA's guidance, inform the DPMA that the application was filed in bad faith.
Checklist: trade mark protection in 7 steps
- Choose the sign: an invented word or a term with no connection to what you offer; not a mere description.
- Decide on the form: word mark for the name, combined word and figurative mark or figurative mark for the logo.
- Search: identical and similar trade marks at the DPMA, EUIPO and WIPO, plus the commercial register, domains and search engines.
- Define the list: what you offer today plus what is realistically added in the next few years.
- Clarify the owner: you personally or your company; natural and legal persons as well as partnerships with legal capacity are possible (Sec. 7 MarkenG).
- Choose the territory: DPMA, EUIPO or an IR mark in addition.
- File, pay, note the deadlines: fee within three months, opposition period, grace period for non-use, renewal.
FAQ
Can I protect my company name at the patent office?
Yes, as a trade mark with the DPMA, usually as a word mark. The name is then protected for the goods and services in the list. The commercial register alone only protects against a new company name in the same place that is not clearly distinguishable (Sec. 30 (1) HGB).
Do I have to protect my company name as a trade mark?
No, there is no obligation. A distinctive name is protected as a business identifier through use (Sec. 5 MarkenG), but without an official date and with problems of proof. A trade mark is worthwhile as soon as you invest in your name, logo and brand presence.
Can you protect your own name as a trade mark?
Yes, personal names are expressly capable of being trade marks (Sec. 3 (1) MarkenG), as are stage names, provided no ground for refusal and no older right stands in the way. You cannot prohibit people with the same name from using their own name in line with honest practices (Sec. 23 MarkenG).
Can you protect an idea?
No. A trade mark protects a sign, not a concept and not a product. Technical solutions can be protected as a patent or utility model, the design of a product as a design. There is no protective right for a business idea itself. As long as you keep it secret and protect it appropriately, for example with confidentiality agreements, it can be protected as a trade secret (Sec. 2 no. 1 GeschGehG).
How long can you protect a name?
Indefinitely: ten years from the filing date, renewable for ten years as often as you like (Sec. 47 MarkenG), as long as you use the trade mark after the grace period.
How much does it cost to protect a name?
Online with the DPMA €290 for up to three classes, €100 for each additional class; as an EU trade mark online with the EUIPO €850 for one class. With a lawyer, the fee is added, at Recht 24/7 from €239 net plus VAT.
When does trade mark protection start?
The right arises on registration (Sec. 4 no. 1 MarkenG), but priority and term of protection count from the filing date (Sec. 6, 47 MarkenG).
Does registration protect me against cease-and-desist letters?
No. The DPMA does not check older rights. If someone has an older trade mark or an older business identifier, they can take action against your trade mark and may be able to demand its cancellation (Sec. 9, 12, 51 MarkenG). A search before filing reduces this risk.
Terms used in this guide
About the author
Dr. Georg Schröder, LL.M.
Dr. Georg Schröder is a lawyer and writes the guides of Recht 24/7. He explains legal questions so that you can follow them without legal training, and he reviews every guide before it is published.
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