Trademark registration in Germany is an important step in protecting your brand, whether nationally through the German Patent and Trade Mark Office (DPMA), across the EU via EUIPO, or internationally through WIPO. While any sign can theoretically function as a trademark, not all signs are eligible for registration.
A comprehensive trademark search is essential in advance to ensure a successful trademark application. This search helps identify potential trademark conflicts and assess whether your sign could be rejected due to absolute grounds for refusal or a likelihood of confusion with existing trademarks.
The trademark lawyers at Schlun & Elseven Rechtsanwälte offer in-depth knowledge of Germany’s legal and commercial landscape. With extensive experience handling German trademark registrations, we support our clients throughout the entire registration process—from the initial application to long-term trademark protection and enforcement.
Definition of a Trademark
A trademark is a distinctive sign used to identify the goods or services of a particular individual or business. Its primary purpose is to indicate the commercial origin of a product or service — a function known as the indication-of-origin function.
In the legal context, a trademark must be capable of distinguishing your goods or services from those of competitors. Therefore, high recognition value and distinctiveness are crucial. If a sign is too generic or similar to an existing mark, it may be rejected due to the likelihood of confusion.
Eligible applicants for trademark registration include:
- Natural persons (private individuals),
- Legal entities, and
- Partnerships with legal capacity.
Applicants must provide specific details, such as their full name and address, when submitting a trademark application.
What Can Be Registered as a Trademark?
German trademark law allows for the registration of a wide range of signs, including:
- Word marks,
- Figurative marks (logos or images),
- Combined word/figurative marks,
- Letters, numbers,
- Three-dimensional shapes,
- Colours or colour combinations,
- Holograms,
- Multimedia signs and
- Sound marks.
Each of these can serve as a legally protected trademark, provided it meets the required distinctiveness and does not infringe upon existing rights.
Types of Trademarks under German Law
Trademark law in Germany recognises a variety of trademark types. The most common are individual trademarks, but depending on the sign and purpose, applicants may also register:
- Word marks,
- Figurative marks,
- Word/figurative marks,
- Three-dimensional marks,
- Colour marks,
- Sound marks,
- Position marks,
- Pattern marks,
- Motion marks,
- Multimedia marks, and
- Hologram marks.
Each type has specific criteria and is assessed based on its ability to distinguish the goods or services in question.
Certification Marks and Collective Marks
Trademark law recognises individual trademarks, certification marks, and collective marks. These special types of trademarks serve unique legal and commercial purposes and are subject to specific requirements under the German Trade Mark Act (MarkenG). Understanding these distinctions is essential when considering trademark registration in Germany.
Certification Marks under German Law
A certification mark (German: Gewährleistungsmarke) belongs to a special category of trademarks whose primary function is not to indicate origin but to guarantee certain qualities or standards. As Section 106a (1) MarkenG outlines, a certification mark distinguishes goods or services that have been certified from those that have not.
This type of trademark is significant in sectors where quality assurance and compliance with standards are key. A well-known example is the TÜV Nord certification mark, which signals conformity with both statutory and voluntary standards.
When registering a certification mark, applicants must submit detailed regulations on the use of the mark, including the criteria for certification, supervision, and enforcement mechanisms.
Collective Marks
A collective mark is a type of trademark used by members of an association to indicate that their goods or services originate from that association. It is reserved for associations with legal capacity and legal entities under public law — not for private individuals.
Collective trademarks are particularly useful for protecting regional or traditional product names and promoting shared quality standards among members. Examples of well-known collective marks include:
- Thüringer Rostbratwurst
- Champagne
- Dresdner Christstollen
These marks help preserve product reputation and regional identity while also offering robust legal protection within the framework of trademark registration in Germany.
Common Trademark Types: Word, Word/Figurative, and Figurative Marks
The most frequently registered trademarks in Germany fall under three core categories, each with its own characteristics and registration requirements:
Word Mark
A word mark consists solely of text without any graphical or stylistic design elements. The protection covers the specific sequence of characters — including all standard fonts, capitalisation forms, and typographical variations.
Word marks are ideal when the focus is on protecting a brand name or slogan as a verbal identifier, independent of how it appears visually.
Word/Figurative Mark
The word/figurative mark (also known as a combined mark) includes both textual and visual elements. These may involve:
- Words in a specific font or design,
- Graphic logos combined with text or
- Any stylised arrangement of letters and visuals.
Applicants must submit the exact representation of the trademark in the desired form — either on paper or as a JPEG file on a data carrier. The trademark is then registered exactly as submitted, meaning that future alterations require a new application.
Figurative Mark
A figurative mark consists of purely visual elements such as logos, symbols, icons, or images — with no accompanying text. This category also includes non-Latin characters, such as Chinese or Arabic script.
Like word/figurative marks, figurative marks must be submitted in their final design, either as a printed image or a JPEG file. If the sign includes colour, the specific colours must also be described in words in the application.
Trademark Registration in Germany: Requirements
A sign must be distinctive and capable of differentiating the goods or services of one enterprise from those of another to qualify for trademark registration in Germany. As part of the registration process, the German Patent and Trade Mark Office (DPMA) examines whether the sign has the required distinctive character, which may be:
- Descriptive – terms that directly describe characteristics or qualities of a product or service.
- Arbitrary – common words used in an unrelated context (e.g. “Apple” for computers).
- Fanciful – invented or imaginative terms without inherent meaning (e.g. “Nivea”).
Generic terms or purely descriptive signs—such as “fresh from the market” for food—lack distinctiveness and are not eligible for trademark protection. In contrast, arbitrary or fanciful terms, due to their uniqueness and lack of descriptive meaning, are highly likely to be successful trademark registrations.
Absolute Grounds for Refusal
Under Section 8 German Trade Mark Act (MarkenG), a trademark application will be refused if any absolute grounds for refusal apply. These include:
- Lack of distinctive character (i.e., purely descriptive signs).
- Requirement of availability (“Freihaltebedürfnis”) – which means that certain terms are necessary for designation and description in general commerce and hence cannot be used as a trademark.
- Generic terms/common designations.
However, even if a sign initially lacks distinctiveness, it may still qualify for trademark registration if it has acquired distinctive character through use. This is known as “acquired distinctiveness” or “secondary meaning” and must be demonstrated typically through public surveys or market recognition.
Earlier Rights and Trademark Conflicts
Earlier rights can also block trademark registration. These include previously registered trademarks that may be identical or confusingly similar to the applied mark. In such cases, the holder of the earlier trademark may file an opposition.
Likelihood of Confusion
A likelihood of confusion arises when the following conditions are met:
- The signs (words, logos, or combinations) are identical or similar, regardless of formatting, punctuation, or capitalisation.
- The products or services covered by the earlier and later trademarks are identical or similar—including overlapping customer groups, suppliers, manufacturers, or distribution channels.
- The overall impression of the two trademarks leads consumers to assume a connection between the two mistakenly.
Importantly, well-known or famous trademarks enjoy enhanced protection. Even if no likelihood of confusion exists, using a similar or identical sign may still constitute an infringement if it exploits the reputation or dilutes the distinctive character of the established trademark.
Be especially cautious with generic-sounding product names. Many terms that are part of everyday language—such as “Tempo”, “Tesa”, or “Labello”—are, in fact, registered trademarks i. A helpful reference is the list maintained by the Munich Chamber of Commerce and Industry, which highlights common words that are legally protected trademarks.
Objection to the Rejection of a Trademark Registration in Germany
Following the submission of a trademark application in Germany, the German Patent and Trade Mark Office (DPMA) conducts a formal examination to determine whether the application should be refused based on absolute grounds for refusal, as outlined in the German Trade Mark Act (MarkenG).
If the DPMA identifies such grounds, the trademark will not be registered. However, applicants have the right to file an objection to the rejection of the trademark registration. This legal remedy must be supported by a well-reasoned and structured argument, showing that the trademark in question meets the necessary legal requirements.
Our trademark attorneys in Germany are highly experienced in handling these objections and will support you throughout the process. We help build persuasive legal arguments to demonstrate the registrability of your trademark and overcome formal obstacles. It is important to note that there is no automatic right to trademark registration. Under German trademark law, each case is assessed individually.
If the trademark satisfies the legal requirements upon review, it will be registered and published in the official trademark journal of the relevant office (e.g. the DPMA Gazette). From that point on, the trademark is considered officially registered, and its legal protection takes full effect.
Practice Group: German Intellectual Property Law
Practice Group:
German Intellectual Property Law
Contact Schlun & Elseven Rechtsanwälte
Please use our online form to outline your request to us. After receiving your request, we will make a brief initial assessment based on the facts described and provide you with a cost offer. You can then decide whether you would like to engage our services.
