What are the brands in each country

Trademark protection abroad

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Brands - national, European or international?

A national trademark application with the DPMA offers protection for the Federal Republic of Germany. You can also have a trademark protected across Europe as a European Union trademark or - on the basis of a basic trademark - internationally. Each of these property rights systems has advantages and disadvantages. The applicant must decide for himself how these advantages and disadvantages are to be weighted in each individual case. Because this decision is not always easy, it is advisable to seek advice from an experienced lawyer or patent attorney.

How to have trademarks protected in the European Union

The "EU trade mark" enables uniform protection for all member states of the European Union. The European Union Intellectual Property Office (EUIPO) in Alicante, Spain, is responsible for the registration. The term of protection of the EU trade mark is initially ten years and can be extended as often as required for a further ten years. Information on EU trademarks can be found on the EUIPO website. The Regulation (EU) No. 2017/1001 (0.95 MB) of the European Parliament and of the Council of June 14, 2017.

How to register international trademarks

According to the protocol to the Madrid Trademark Agreement (PMMA), it is possible to enter a pending or registered German trademark in the international register and to name countries to which the trademark is to be extended. The application for international registration is to be sent via the DPMA to the World Intellectual Property Organization (WIPO). If you do not yet have a German basic trade mark, you can register online with the DPMA here.

After the application for international registration (IR) has been processed by the DPMA and forwarded to WIPO, the latter examines the application, enters the trademark in the international register if all requirements are met and publishes the registration in the "Gazette des marques internationales" . The trademark is now registered as a protection request in each of the named countries. The contracting parties concerned have the option within one year (in individual cases also within 18 months) to refuse protection in accordance with their national laws. If protection is granted, the IR trademark owner has the full rights of a national trademark owner. If the trademark is rejected in one of the countries, the trademark protection remains in the other named countries. The term of protection of the IR trademark is ten years. It can be extended as often as you like.

You can also submit the application for international registration of your trademark electronically and without a signature to the DPMA:

International registration of a trademark

You have a registered or registered German basic trademark and would like to have this trademark extended internationally for the first time (MM2).

Subsequent designation of an IR trademark

You have an internationally registered trademark and would like to rename other countries or, for a country already named, other goods and services from the directory of your international registration (MM4).

To the homepage of EUIPO and WIPO

Image: iStock.com/Ismagilov

Status: March 11, 2020