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Heissner & Struck Rechtsanwälte
Hamburg, Germany (DE)

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Graf v. Westphalen
Frankfurt am Main, Germany (DE)

More info

Lodigkeit Rechtsanwälte
Hamburg, Germany (DE)

More info

Jonas Law Firm
Cologne, Germany (DE)

More info

Liesegang & Partner
Frankfurt am Main, Germany (DE)

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Harmsen Utescher
Hamburg, Germany (DE)

More info

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Germany (DE)

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03-14-2017 (Newsletter Issue 5/17)
Draft of New Trademark Act
The German Federal Ministry of Justice and Consumer Protection (Bundesjustizministerium) has issued a draft act (available in German language only) to implement Directive (EU) 2015/2436 into German law (Gesetz zur Umsetzung der Richtlinie (EU) 2015/2436 des Europäischen Parlaments und des Rates vom 16. Dezember 2015 zur Angleichung der Rechtsvorschriften der Mitgliedstaaten über die Marken – Markenrechtsmodernisierungsgesetz – MaMoG).

The draft picks up the various provisions of the Directive and also contains a proposal for a new fee structure of the German Patent and Trademark Office (DPMA) including a one-fee-per-class-system.

For more information, please check here

Source: www.dlapiper.com


09-13-2016 (Newsletter Issue 16/16)
Guidelines of Design Registration Implemented by DPMA
Within the framework of the Convergence Programme of the EUIPO and national offices for a common practice, a project was launched to develop guidelines for the requirements for graphic representation of designs, which were published in a Common Communication of April 15, 2016.

The scope of this project included the development of a common practice and common guidelines for the requirements in the application procedure concerning the graphic representation of designs.

Focus was on the disclaimers as well as the acceptable types of views and rules to assess if a background is neutral.

The guidelines of the Communication has been implemented by the German Patent and Trade Mark Office in the design registration procedure from July 15, 2016.

Please refer to the (3,37 MB) Common Communication for contents and results of the project.

Source: www.dpma.de


07-12-2016 (Newsletter Issue 13/16)
Amendments to Trademark Regulation in Force
The German Patent and Trade Mark Office (DPMA) announced that amendments to the trademark regulation (Markenverordnung) came into force on June 24, 2016.

Main changes are the following:
- Coloured trademarks and black and white trademarks need to be submitted in the way they are intended to be registered. It is no longer possible to request a black and white trademark registration when a coloured trademark has been submitted.
- Colour trademarks are now recognised as its own trademark type and covered by its own paragraph.
- For trademarks including non-Latin characters, a translation, transliteration and transcription needs to be submitted with the trademark representation.

For more information, please click on the DPMA news and the trademark regulation (only in German available )

Source: www.dpma.de


02-25-2015 (Newsletter Issue 3/15)
Electronic Case File for Trademarks Soon Available
The German Patent and Trade Mark Office (DPMA) has announced that electronic case files for trademarks and geographical indications will be available on March 23, 2015.

It is expected that the introduction of the electronic case file will increase the processing and notification times.

The transition phase started on February 23, 2015. Limitations may occur when using the online services during this phase. For more information please click here

Source: www.dpma.de


02-04-2014 (Newsletter Issue 2/14)
German Designs Act Revised
The German Patent and Trade Mark Office (DPMA) has revised the German Designs Act with effect from 1 January 2014.

The major changes are:
- The German term "Geschmacksmuster" has been replaced by the term "registered design".
- A design invalidity proceeding before the German Patent and Trademark Office (GPTO) has been introduced. Before, a request had to be filed in a law suit at a Civil Court. Now an application for invalidity of a registered German design can be filed directly with the GPTO.
- Further, different designs can now be included in one multiple application, even if they do not belong to the same class of goods.
- The new publication medium is the German Federal Gazette.

Source: www.dpma.de


01-21-2014 (Newsletter Issue 1/14)
Electronic File Inspection Launched
The German Patent and Trade Mark Office (DPMA) announced that it allows electronic file inspection on patent and utility model files effective from 7 January 2014.

The documents available for electronic inspection include office actions, decisions, search reports as well as communications relevant to the procedure and other parts of files in PDF format.

Entering the file number and clicking on the button "File inspection" in the free-of-charge information service DPMAregister will lead you to the requested information. All granted patents, registered utility models as well as all applications filed that have already been published on or after 21 January 2013 will be available.

For further information please click here

Source: www.dpma.de



12-17-2013 (Newsletter Issue 18/13)
Design Law Soon Amended
Two amendments to the German law on designs will come into force on April 1, 2014. First of all, the name of the law will change from Geschmacksmustergesetz' into 'Designgesetz'. The official name 'Geschmacksmuster' will also change to 'Design' in order to comply with international conventions. The second amendment relates to the introduction of nullity proceedings before the Office. These proceedings will be less costly than court proceedings which have applied to date. However, it will still be possible to undertake court proceedings.

Source: Witte, Weller & Partner Patentanwälte, Germany


12-03-2013 (Newsletter Issue 17/13)
Online Registration without Signature
The German Patent and Trade Mark Office ( DPMA) announced that, effective from 12 November 2013, it is now possible to file trademark and design applications electronically without a signature.

Source: www.dpma.de


09-03-2013 (Newsletter Issue 12/13)
Accession to Singapore Treaty
The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and has the honor to notify the deposit by the Government of the Federal Republic of Germany, on June 20, 2013, of its instrument of accession to the Singapore Treaty on the Law of Trademarks, adopted at Singapore on March 27, 2006.

In conformity with Article 28(3), the said Treaty will enter into force, with respect to the Federal Republic of Germany, on September 20, 2013.

Source: www.wipo.int


12-04-2012 (Newsletter Issue 18/12)
Expiration of Time Limits during Festive Season
The German Patent and Trademark Office (DPMA) has informed that Christmas Eve and New Year's Eve are not counted as official holidays but rate as working days. Therefore, the deadline in which the last day of the period falls on Christmas Eve and New Year's Eve will not be postponed on the next working day (see also Notice No. 8/1999). Only when Christmas Eve and New Year's Eve fall on a Saturday or Sunday, the deadline will be postponed to the next business day (see § 193 BGB).

Although the DPMA will be closed on December 24, 2012 and January 1, 2013 you can submit applications, oppositions, appeals and other business related matters on time by using the night mailboxes of our departments in Munich, Jena and Berlin or sending a fax to +49 (0)89 2195 2221.

Source: www.dpma.de


11-19-2012 (Newsletter Issue 17/12)
DPMA Web Pages Unavailable Coming Weekend
The German Patent and Trademark Office (DPMA) has informed that their web pages and online databases will be unavailable for scheduled maintenance from Friday, 23 November 2012, 18:00 CET, to Sunday, 25 November 2012, approximately 24:00 CET.

www.dpma.de


09-02-2012 (Newsletter Issue 13/12)
Official Warning
The German Patent and Trademark Office (DPMA) has issued an official warning.

Fraudsters have been directly contacting patent and trademark owners. They pretend to be official representatives from the DPMA and marke use of fake service identification cards. They try to collect fees. The DPMA expressly points out that they do not employ such sales representatives.

Source: www.dpma.de


09-02-2012 (Newsletter Issue 13/12)
New Opening Hours in the Munich Office
The German Patent and Trademark Office (DPMA) announced the change of the opening hours in the office of Munich (Zweibrückenstr. 12, 80331 Munich) with effect from October 1, 2012.

The new oppening hours are
Monday to Thursday 7.30 am – 3.00 pm
Friday 7.30 am – 2.00 pm

Source: www.dpma.de


12-01-2011 (Newsletter Issue 14/11)
Adoption of 10th Edition of Nice Classification
The German Patent and Trademark Office (DPMA) announced that it will apply the 10th Edition of the Nice Classification as from 1 January 2012. Applications filed after the 9th Edition won’t be any longer acceptable as from 1 January 2012 and will be objected by DPMA.

Source: www.dpma.de


12-01-2010 (Newsletter Issue 17/10)
Change in Practise Announced
The German Patent and Trademark Office (DPMA) announced a change in practise regarding the classification of trademark applications received after January 1st, 2011.

In case of imprecise description of the goods and services your trademark application refers to, the DPMA will interpret the respective description by means of the class number indicated in the application.

For more information please click here


03-15-2010 (Newsletter Issue 8/10)
Filing of Design Applications Electronically
Design applications can be electronically filed at the German Patent and Trademark Office (DPMA) from March 1th, 2010.

For more information please click here


10-15-2009 (Newsletter Issue 4/09)
Postal Address of Trademark Office Changed
Please note that after Nov 1st, 2009 only the following postal addresses must be used:

80297 Munich for key accounts or
Zweibrückenstraße 12, 80331 Munich.

Documents will no longer be accepted at Cincinnattistraße 64, Munich


Legal basis is the Trademark Act of October 25, 1994 (last amended April 4, 2016) and the Trademark Decree of May 11, 2004 (last amended June 2, 2016). Germany is a member of the Madrid Agreement, the Madrid Protocol and the European Union.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
All trademarks protected in one part of Germany during the period of separation have been protected in the reunited country since May 1, 1992.
Nice classification, 11th edition
Registrable as a trademark are all distinctive signs, such as words, names, acronyms, letters, numbers, devices, colours, combination of colours, the three-dimensional form of a good or its packaging as well as sound marks and any combination of the mentioned signs. Olfactory marks can be registered in certain cases.
The following trademark types are registrable: trademarks, service marks and collective marks. With the implementation of EU Directive 2015/2436, guarantee or certification marks can be subject of a registration, too.
The application is filed at the Trademark Department of the German Patent and Trademark Office.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A power of attorney is not necessary for the application, but can be obligatory for foreign applicants if the proceeding continues to the German Federal Patent Court.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks.
The processing time from first filing to registration – if no objections are raised by the Examiner - is approx. 2 to 3 months. If the Office provisionally refuses the registration, the first office action is taken after approx. 2 months. An urgent examination within 3 to 6 months is possible after payment of an additional fee. After registration, the trademark is published in the weekly “Markenblatt”. Since issue 1/2004 the “Markenblatt” is published only electronically (Internet address: https://register.dpma.de/DPMAregister/blattdownload/marken).
National:
The opposition period is 3 months from the publication date of the registration.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
Protection begins with the date of application, but the trademark is only valid after successful registration. A trademark registration is valid for 10 years from date of application and ends on the last day of the month during which the application has been filed. The registration is renewable for periods of 10 years.
Late renewals may be filed within 6 months after the due date. The grace period starts after the end of the 2nd month after the due date (which is the last day of the month during which the application has been filed; up to that date, no surcharge applies for the late renewal).

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from registration (or the end of the opposition procedure) or has later not been used for a continuous period of 5 years, it may be subject to cancellation. If no party has requested cancellation due to non-use during this time, subsequent use of the trademark can restore protection.
Use of an identical Swiss trademark, which is registered for the same goods/services in Germany and Switzerland, counts as valid use in Germany and vice versa if the trademark owner has place of business and legal seat in either of the two countries (German-Swiss Agreement regarding mutual patent, design and trademark protection of April 13th, 1892, Art. 5)

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is EUR 300 for up to three classes and EUR 290 if filed electronically. For each additional class the official fee is EUR 100 per class.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 150,00 € 35,00 € 
Word Mark Search (identical) 60,00 € 0,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
02-27-2017
Heissner & Struck Rechtsanwälte, Hamburg, Germany  

07-09-2015
Klinger & Kollegen, Munich, Germany

07-26-2013
Klinger & Kollegen, Munich, Germany

07-23-2013
Heissner & Struck Rechtsanwälte, Hamburg, Germany  

01-09-2012
Klinger & Kollegen, Munich, Germany

10-27-2010
Heissner & Struck Rechtsanwälte, Hamburg, Germany  



Heissner & Struck Rechtsanwälte



Dr.  Christian Lemke

Dr. Christian Lemke
Hudtwalckerstraße 11
22299 Hamburg
Germany (DE)
Tel + 49 40 413 05 38 0
Fax + 49 40 480 23 32
lemke@heissner-struck.de
www.heissner-struck.de

Dr. Christian Lemke was born in Hamburg in 1963. After his first state examination at the University of Hamburg he spent his legal in-service training preceding the second state examination, among others, with the Federal Cartel Office in Berlin, the Higher Regional Court of Hamburg, a law firm in Los Angeles and the German American Chamber of Commerce in Chicago. Dr. Christian Lemke has been attorney at law since 1993. Since 1996 he has been partner of HEISSNER & STRUCK.

Dr. Christian Lemke's practice areas are intellectual property law, copyright law, and IT-law. He is both Certified IP-Lawyer (Fachanwalt für Gewerblichen Rechtsschutz) and Certified IT-Lawyer (Fachanwalt für Informationstechnologierecht).

Graf v. Westphalen



Kristofer Bott

Kristofer Bott
Ulmenstraße 23-25
60325 Frankfurt am Main
Germany (DE)
Tel + 49 69 800851936
Fax + 49 69 800851999
frankfurt@gvw.com
www.gvw.com

Graf von Westphalen is a partnership of lawyers, accountants and tax advisers. As one of the leading German law firms we act both nationally and internationally - with more than 100 professionals at our offices in Berlin, Frankfurt, Hamburg and Munich as well as in Alicante, Brussels and Shanghai. As a full-service law firm, we offer our clients advice on all areas of commercial law from a single point of contact.

Even if more a complex matter require the services of more than one specialist – with us you will always have a single partner as your fixed point of contact. It goes without saying that we provide advice of the highest quality, are flexible and are service-oriented.

Apart from our presence in Germany's largest economic centres, we attach great importance to having a global network. At an international level we assist our clients working together with pre-eminent local commercial law firms, with whom we have worked closely together for many years.

Lodigkeit Rechtsanwälte



Dr. Klaus Lodigkeit

Dr. Klaus Lodigkeit
Poststraße 25
20354 Hamburg
Germany (DE)
Tel +49 40 3500 489 0
Fax +49 40 3500 489 10
info@it-recht.net
www.internetrecht-hamburg.de

The law Firm of Lodigkeit Rechtsanwälte provides a comprehensive range of legal services in the intellectual property, internet and IT fields, involving litigation, IP prosecution, legal counseling, and a transactional practice. We assist our clients with identifying, assessing, protecting and defending their intellectual property rights, including trademarks, trade dress, trade secrets, copyrights and patents.
Dr Lodigkeit, who was associated with the German Patent & Trademark Office, is licensed to practice before the Patent & Trademark Office both in Germany and EU. He has substantial experience assisting clients in developing effective strategies for the development and protection of intellectual property. Lodigkeit Rechtsanwälte lawyers also counsel clients about domain name registration and use, meta tag use, the rights of privacy and publicity, and other issues that can be triggered by online activities. We also provide guidance regarding unfair competition issues that can be triggered by advertising practices such as comparative advertising, product disparagement, and quality claims. Dr. Lodigkeit is certified in Intellectual Property Law and Information Technology Law by the Hamburg Bar Association.

Jonas Law Firm



Dr.  Martin Viefhues

Dr. Martin Viefhues
Hohenstaufenring 62
50674 Cologne
Germany (DE)
Tel +49 221 27758 0
Fax +49 221 27758 1
viefhues@jonas-lawyers.com
www.jonas-lawyers.com

Jonas law firm is a team of 9 lawyers and approx. 25 employees who continue to work in specialist area of law after the split-off from a major international law firm whose roots date back to the first half of the last century.

We differ – both from our competitors and from each other. It is the "unity in diversity" which complements, challenges and continuously inspires us. Thus, the whole is more than the sum of its parts.

Knowledge and know-how are our tools: We give them top priority. Thus we invest a lot of energy in the education and training of our young lawyers and young employees. Our lawyers are experts in their field of law. Beyond that they have considerable professional experiences gained in enterprises, as judges and in the authorities relevant for us. We can therefore assess our clients interests not only from a lawyer´s legal point of view.

Despite all the knowledge and experience we have gained – in the end it is the legal creativity which opens new perspectives. We do not only want to detect problems but we want to offer solutions. Each project can benefit from new ideas, because even if the facts are similar each case is individual.

Liesegang & Partner



Jens Liesegang

Jens Liesegang
Kettenhofweg 1
60325 Frankfurt am Main
Germany (DE)
Tel +49 6971672670
Fax +49 69716726710
jens.liesegang@liesegang-partner.com
www.liesegang-partner.eu

Domiciled in the very heart of Frankfurt´s commercial and financial centre, Liesegang & Partner is an IP- and commercial-law boutique law firm mainly focussing on the various aspects of national and international trademark law, design law and company law.
We advise and represent our clients in all IP and trademark - related matters, including strategical planning, establishing and protecting of trademark portfolios, we offer trademark searches as well as trademark watch services - and we are operating worldwide, relying on our cooperation partners abroad with most of whom we have established long-term relationships.

Each of our IP - lawyers is a “Fachanwalt für Gewerblichen Rechtsschutz” (German certified IP - lawyer) and comes with more than a decade of experience in all kinds of trademark matters. We are fluent in German and English

Offering our services we rely on the latest IT-technology: our highly sophisticated website not only provides general information regarding all legal fields we are active in, but enables our clients to entrust us with their representation, forward to us their orders and effect the payment of our fees via credit card and Paypal at any time.

We offer trademark searches, trademark registrations and design registrations in most countries of the world at fixed and highly competitive prices, thus giving our clients a reliable basis to calculate and to control costs.

Harmsen Utescher



Dr. Karin Sandberg

Dr. Karin Sandberg
Neuer Wall 80
20354 Hamburg
Germany (DE)
Tel +49 40 376 909 0
Fax +49 40 376 909 99
karin.sandberg@harmsen.utescher.com
www.harmsen.utescher.com

The specialists for protection of intellectual property.
Harmsen Utescher is active, both nationally and internationally, in this role. From the first hour of our existence, the protection of intellectual property has been our specialty. Rudolf Ernst Utescher, who founded his patent agency in Hamburg in 1895, laid the cornerstone for today's partnership.

Competence is the key to our clients' success.
Many large and mid-sized companies, both domestically and abroad, put their trust in our experience. It goes hand in hand with our passion to achieve the best for our clients through innovative and creative solutions.

We cover all areas of intellectual property protection. Our attorneys-at-law and patent attorneys are experts in trademark law, unfair competition law, copyright and design law, patent law, pharmaceutical and food law, as well as antitrust law, and all related legal fields.

Well advised in every respect.
It does not matter whether our clients come from traditional industries or call upon our competence in relatively new areas such as IT, software, biotech, or telecommunications. We will work for them comprehensively, either as an advisor or in court.

Deutsches Patent- und Markenamt (DPMA)
Zweibrückenstraße 12
80331 Munich
Germany
Tel +49 89 21 95 0
Fax +49 89 21 95 22 21
www.dpma.de
or:
Deutsches Patent- und Markenamt
Goethestrasse 1
07743 Jena, Germany
Tel. + 49 36 41 40 54
Fax + 49 36 41 40 56 90
Send applications to the Munich office.

European Union Intellectual Property Office (EUIPO)
Avenida de Europa, 4
03008 Alicante
Spain
Tel +34 965 139 100
Fax +34 965 131 344
Mail information@euipo.europa.eu
www.euipo.europa.eu


World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int