EU trademark application

The duration of the application procedure and the processing of the application depends on several factors. Several months may therefore pass from the filing of the application to registration. One factor influencing the speed of processing is whether the application is filed at the EUIPO as an EU trade mark or at the DPMA as a German trade mark. National applications are usually registered somewhat faster, because registration takes place after examination by the Office, whereas at the EUIPO, publication takes place first after official examination. The scope and structure of the list of goods and services also has a general influence on the duration of examination after filing. In principle, a more detailed list will lead to an increased examination effort. In this respect, an application to the EUIPO as an EU trade mark offers the possibility of a so-called "fast-track" procedure. In this case, the applicant is limited in the designation of goods and services to terms already examined in advance by the Trade Mark Office, but at the same time an incorrect classification in a wrong class is avoided. Furthermore, a list drawn up on the basis of the terms already examined also speeds up the examination at the DPMA. The DPMA also provides for the possibility of examination under the accelerated procedure, which, however, incurs an additional fee of 200.00 €. Finally, a speedy payment of the application fee can also accelerate the examination in the application procedure, since the examination by the trade mark offices generally takes place only after receipt of the application fee.

The protection of a trade mark arises, apart from the narrow exception of the use mark, through application and registration of the trade mark in a trade mark register. In addition to the possibility of applying for a trade mark at a national trade mark office (e.g. the DPMA in Germany), there is also the possibility of applying for an EU trade mark with protection in all EU Member States at the EUIPO. Via the WIPO system, protection can then also be extended to other countries outside the EU. A trade mark application must be filed either at a national trade mark office or, in the EU, at the EUIPO. In addition to the classic paper form, an online application is also possible, which is also cheaper. An essential part of a trade mark application is, in addition to the indication of the trade mark, also the designation of the goods and services to be protected by the trade mark, divided into the respective classes of goods and services.

The goods and services for which a trade mark is to be protected are divided into different classes (34 classes of goods and 11 classes of services). If trade mark protection is claimed for a good or service in the application, the class fee is payable for the class in which the respective good or service is listed. The class fee is payable as a lump sum and is therefore independent of the number of goods or services claimed in that class. The amount of the class fee depends on whether the trade mark is to be protected as an EU trade mark at the EUIPO or as a German trade mark at the DPMA.

Finding a suitable brand name is initially a creative process in which marketing considerations, reception and the effect of the sign will play a role above all. However, the elaboration and especially the use and registration of the name is subject to some legal restrictions. On the one hand, the trade mark should not be identical or similar to already existing company signs or registered trade marks under which identical or similar goods and services are offered. If there is too much similarity, trademark disputes are often the result. On the other hand, the trade mark office examines in the application process whether so-called absolute grounds for refusal exist. The most frequent grounds for refusal are the descriptive character of a trade mark and its lack of distinctiveness. Therefore, descriptive or overly generic terms should not be chosen as trade names. If there is a descriptive relationship between the trade name and the goods and services offered under the trade mark, the trade mark office may refuse the trade mark application. The same risk exists if the brand name is too generic and therefore cannot have any distinctive character.

The official fees of a trade mark application depend on two factors, the territorial scope of protection and the scope of the list of goods and services. The basic fee for an EU trade mark application at the EUIPO, which protects in all member states of the EU, is €850 for online applications (€1000 for paper applications) and covers one class of goods or services. There is a fee of €50 for the second class and €150 for each additional class from the third class onwards. The application as a German trade mark at the DPMA, which is only protected in Germany, costs 290 € for an electronic application (300 € for a paper application) and already includes up to three classes. From the fourth class onwards, an additional class fee of € 100 per class is payable. If you book the trade mark application via one of our packages, the respective package price is added.