Trademark Registration Guide: How to Register a Trademark in Germany, the EU and Internationally

Why Trademark Registration Matters for Businesses

Trademarks serve a fundamental commercial purpose: they identify goods and services as originating from a specific business and distinguish them from those of competitors. At the same time, consumers associate trademarks with particular quality standards, reputation and brand image.

For companies entering the German or European market, trademark protection is therefore not optional. Any business that invests time and resources into building a name, logo or brand identity should legally secure that investment through trademark registration. Once a trademark is registered, the proprietor obtains an exclusive right to use the mark for the protected goods and services and may prohibit third parties from using identical or confusingly similar signs.

Without registration, brand value remains vulnerable. Competitors or imitators may lawfully use similar signs, and enforcement options are significantly limited. Registration transforms a business asset into an enforceable legal right.

Trademark Registration With or Without a Lawyer?

Applications are frequently refused due to absolute grounds for refusal, such as lack of distinctiveness or descriptiveness. Even more problematic are conflicts with earlier trademarks that were not identified before filing. Such conflicts may lead to opposition proceedings, costly disputes or forced rebranding after market entry.

For this reason, professional legal advice is strongly recommended. A trademark lawyer does not merely file an application but assesses registrability, conducts clearance searches, structures goods and services correctly and reduces the risk of future disputes

This guide provides an overview of the trademark registration process, but it cannot replace individual legal assessment.

How to Register a Trademark: Available Filing Options

Trademark protection can be obtained at different territorial levels, depending on the intended scope of use and commercial strategy.

Registering a German Trademark (DPMA)

A German trademark may be filed with the German Patent and Trade Mark Office (DPMA) electronically or in writing. Electronic filing has become the standard method in practice.

A German trademark is the appropriate choice where protection is required primarily for the German market or where budget considerations do not yet justify broader protection. The trademark register is maintained by the DPMA, which examines applications only for absolute grounds for refusal.

The protection term is ten years from the filing date and may be renewed indefinitely. Official fees cover a limited number of classes, with surcharges for additional classes. German trademarks remain a cost-efficient and flexible option for many businesses.

Registering an EU Trade Mark (EUIPO)

An EU trade mark (EUTM) is filed with the European Union Intellectual Property Office (EUIPO).

The EUTM provides unitary protection across all EU Member States through a single application. This makes it particularly attractive for businesses planning cross-border activities within the EU.

From a cost perspective, EU trade marks are often more economical than multiple national filings once protection is required in more than one or two Member States. Like German trademarks, EUTMs are protected for ten years from the filing date and may be renewed indefinitely.

However, the unitary nature of the EUTM also entails risk: an absolute ground for refusal or successful opposition in one Member State can affect the entire registration.

International Trademark Registration (WIPO / Madrid System)

International trademark protection may be obtained via the Madrid System administered by the World Intellectual Property Organization (WIPO).

An international registration is based on an existing national or EU trade mark (the “basic mark”) and allows protection to be extended to multiple designated countries (e.g. USA, China, Japan) through a single procedure. Importantly, this does not create a supranational trademark. Protection is granted under the national laws of the designated jurisdictions.

International registration significantly simplifies portfolio management but requires careful strategic planning, particularly during the five-year dependency period on the basic mark.

Legal Requirements for Trademark Registration

To secure a filing date and priority, a trademark application must meet minimum formal requirements. These include:

• clear identification of the applicant,
• a precise representation of the trademark,
• a list of goods and services classified under the Nice Classification,
• and, for international registrations, designation of the relevant territories.

The trademark is protected only in the form in which it is registered. Subsequent changes to the sign or expansion of goods and services are not permitted. Errors at this stage may permanently limit the scope of protection.

Applicants may be natural persons, legal entities or partnerships with legal capacity.

Trademark Registration Costs

Trademark registration costs consist of official filing fees and, where applicable, legal fees.

Official fees vary depending on whether protection is sought at the national, EU or international level and on the number of classes claimed. International registrations are calculated based on designated countries and applicable national fees.

Official fees for trademark applications (as of the sources cited)

Type of filing	Filing fee	Class fee	Accelerated / fast-track examination
German trademark (DPMA)	EUR 300 (paper filing; incl. up to 3 classes) / EUR 290 (electronic filing; incl. up to 3 classes)	EUR 100 per class from the 4th class	EUR 200 (accelerated examination at DPMA)
EU trade mark (EUIPO)	EUR 850 (1 class)	EUR 50 (2nd class) / EUR 150 (each additional class)	EUIPO Fast Track: no extra fee (but only if requirements are met)
International registration (WIPO / Madrid System)	WIPO basic fee: 653 CHF (for a mark in black & white)	Additional fees depend on the designated Contracting Parties (calculated via WIPO fee calculator)	No “accelerated examination” mechanism comparable to DPMA/EUIPO
Madrid filing via EUIPO as Office of Origin (procedural handling fee)	EUR 300 handling fee payable to EUIPO	WIPO international fees payable to WIPO separately	–
Madrid filing via DPMA as Office of Origin (forwarding/processing fee)	DPMA processing fee (for forwarding) is charged by DPMA (see DPMA fee information)	WIPO international fees payable to WIPO separately	–

Because fee structures are subject to periodic adjustment, businesses should always consult the current fee schedules of the relevant trademark offices.

Trademark Application Procedure – Step by Step

In practice, trademark registration typically follows a structured process:

First, a trademark strategy is developed, including the choice of territory and mark type.

Second, the sign is assessed for absolute registrability.

Third, clearance searches are conducted to identify earlier conflicting rights.

Fourth, the goods and services specification is drafted with strategic precision.

Fifth, the application is filed and official fees are paid within the prescribed deadlines.

The trademark office then examines formal requirements and absolute grounds for refusal. If no objections are raised, the mark is published (or registered by DPMA) and enters a three-month opposition period during which third parties may challenge the registration based on earlier rights.

If no opposition is filed, or if opposition proceedings are unsuccessful, the trademark becomes fully protected.§

After Registration: Rights, Risks and Obligations

Once registered, a trademark grants its proprietor an exclusive right of use. Third-party use of identical or confusingly similar signs may be prohibited through cease-and-desist letters, injunctions and claims for damages.

However, trademark rights are subject to use obligations. If a mark is not genuinely used for the registered goods or services within five years, it becomes vulnerable to cancellation for non-use.

Ongoing trademark monitoring is therefore essential. New applications or registrations that conflict with an existing mark must be identified early in order to file timely oppositions and avoid erosion of rights.

Use of the ® Symbol

After registration, the ® symbol (“Registered Trade Mark”) may be used to indicate trademark protection. This symbol must be used with caution. It may only be applied to signs that are registered exactly in the form used. Incorrect use of the ® symbol may constitute misleading commercial practice and expose the user to legal risk.

Trademark Registration With Specialised Attorneys

Trademark registration is the foundation of effective brand protection in Germany, the EU and internationally. For businesses expanding into European markets, a well-structured trademark strategy is not a formal requirement—it is a decisive competitive asset.

As a law firm specialising in trademark law, ab&d Rechtsanwälte has successfully filed, enforced and defended hundreds of trademarks in Germany, across the European Union and internationally. Our experience is built on many years of focused practice in trademark prosecution and brand protection.

Upon request, we support our clients throughout the entire trademark application process and assume ongoing responsibility for the management and monitoring of their trademark portfolios. Our services are designed to combine legal precision with commercial foresight.

In particular, our trademark application services include:

• the development of a tailored trademark strategy, including advice on suitable trademark forms, territorial scope of protection and a transparent explanation of expected filing costs, together with an initial assessment of registrability;
• identity searches and, where appropriate, extended clearance searches, including similarity searches in trademark registers for selected classes and jurisdictions, with structured evaluation of the results;
• legal assessment of trademark protectability, covering both absolute and relative grounds for refusal, in particular distinctiveness and descriptiveness issues;
• drafting of a precise and commercially appropriate goods and services specification in accordance with the Nice Classification;
• preparation and filing of the trademark application with the competent authority, whether the DPMA, EUIPO or WIPO; and
• full correspondence with the trademark offices throughout the examination and registration process.

Trademark applications for German trademarks and EU trade marks can, in most cases, be offered on a fixed-fee basis, providing cost certainty from the outset. We will be pleased to discuss your project and provide you with an individual, transparent quotation tailored to your specific needs.