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Trademark Application

From vision to brand: With us, your dream becomes reality.

Trademark application

Trademark strategy, trademark search, trademark application (German or EU), limited to identity search for non-critical trademarks (max. 3 hours of coaching, legal or tax advice included in the price).

from
299
( plus VAT. )

What you get

Identity research

As part of the identity search, we offer a trademark search for registered, published or registered trademarks with identical wording. The search includes German trademarks, trademarks in other member states of the European Union, European Union trademarks (trademarks valid for the entire EU) and international trademark registrations extending to the EU or one of its member states. We also check the German commercial register for registered, identical company names. At the end you will receive a research report. The hourly quota for this is 1 hour. If we need more time for the research, we will agree this with you individually and offer further processing at an hourly rate of € 150.00 net.

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Creation of a list of goods and services

We create a customised directory for you for the goods or services offered under your brand. The hourly quota for this is 4 hours. If we need more time for the creation, we will coordinate this with you individually and offer further processing at an hourly rate of 150.00 € net.

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German trademark application

(In this case no EU trademark application) We take care of the application process at the German Patent and Trademark Office (DPMA) for you until the application is sent. We check the trademark for violations of absolute grounds for refusal and grounds for refusal before the application is filed, fill out the necessary forms for you, compile the required documents and file the application. The hourly quota for this is 3 hours. If we need more time for the application, we will coordinate this with you individually and offer further processing at an hourly rate of 150.00 € net.

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Receiving office (administrative) vis-à-vis the trademark office

You don't want to deal with correspondence with the trademark offices in the future? No problem, we will be happy to appoint us as your trademark representative at the relevant trademark office and handle any correspondence that arises. The hourly quota for this is 1 hour. If we need more time for this matter, we will coordinate this with you individually and offer further processing at an hourly rate of € 80.00 net.

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Official fees not included in the price

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Legal advice only from lawyers

Legal advice is only provided by lawyers. Usually by the experts at Tax&Legal digital, Lahann, Pikolleck & Partner, Rechtsanwälte und Steuerberater, PartG.

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Additional services

Similarity search – trademark search

As part of the similarity search, we offer a trademark search for already applied for, published or registered similar trademarks and trademarks with a risk of confusion.

900

( plus VAT. )

Initial setup of brand monitoring

Do you want to protect your registered trademark against imitation and confusion with other, newer trademarks? We will be happy to set up a trademark monitoring system for you. We agree the duration and intervals of monitoring with you individually after the initial setup.

450

( plus VAT. )

Total price

299

( plus VAT. )

What we stand

Digitale Gründung is a team that drives new digital solutions so that you can concentrate fully on YOUR business.

No hidden costs

No hidden costs

We help you through the start-up process in a structured and cost-efficient manner.

Made in Germany

Made in Germany

Developed and operated in Germany for maximum security and data protection

Independent

Independent

We advise you independently, quickly and transparently

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FAQ

What do the class fees for a trademark application mean?

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The goods and services for which a trademark is to be protected are divided into different classes (34 classes of goods and 11 classes of services). If trademark protection is claimed for a product or service at the time of application, the class fee is payable for the class in which the respective product 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 this class. The amount of the class fee depends on whether the trademark is to be protected as a European Union trademark at the EUIPO or as a German trademark at the DPMA.

What is a conflict check under trademark law?

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A conflict check involves searching the trademark registers, but also other public registers such as the commercial register, to find out whether the trademark you want to register or use yourself is already in use or is registered and therefore protected.

What does a trademark application cost?

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The official fees for a trademark application depend on two factors: the geographical scope of protection and the scope of the list of goods and services. The basic fee for applying for an EU trademark at the EUIPO, which provides protection in all EU member states, 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 a fee of €150 for each additional class from the third class onwards. The application as a German trademark at the DPMA, which is only protected in Germany, costs € 290 for an electronic application (€ 300 in paper form) and includes up to three classes. An additional class fee of €100 per class is charged from the fourth class onwards. If you book the trademark application via one of our packages, the respective package price will be added.

How do I find a brand name?

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Finding a suitable brand name is initially a creative process in which marketing considerations, reception and impact of the symbol will play a role. However, the development and above all the use and registration of the name is subject to a number of legal restrictions. On the one hand, the trademark should not be identical or similar to existing company logos or registered trademarks 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 trademark office checks during the application process whether so-called absolute grounds for refusal exist. The most common grounds for refusal are the descriptive character of a trademark and its lack of distinctiveness. Therefore, descriptive or overly generic terms should not be chosen as brand names. If there is a descriptive reference between the brand name and the goods and services offered under the trademark, the trademark office can reject the trademark application. The same risk exists if the brand name is too generic and therefore cannot have any distinctive character.

How can I protect a brand name?

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Apart from the narrow exception of the use mark, the protection of a trademark arises through the application and registration of the trademark in a trademark register. In addition to the option of applying for a trademark at a national trademark office (e.g. the DPMA in Germany), it is also possible to apply for a European Union trademark with protection in all EU member states at the EUIPO. Protection can then be extended to other countries outside the EU via the WIPO system. A trademark application must be filed either with a national trademark office or, in the EU, with the EUIPO. In addition to the classic paper form, online registration is also possible, which is also cheaper. An essential component of a trademark application is not only the indication of the trademark sign but also the designation of the goods and services to be protected by the trademark, divided into the respective classes of goods and services.

What is a European Union trademark?

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An EU trademark, now known as a European Union trademark (EUTM), was a trademark that offered protection throughout the European Union. It enabled owners to secure their trademark rights in all EU member states at the same time. However, the EUTM was renamed "European Union trademark" by the EUIPO (European Union Intellectual Property Office) in March 2016.

How do I find out whether a name is protected as a trademark?

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You can find out whether a name or term is already protected under trademark law by conducting a trademark search. It is important to know that the trademark offices themselves do not check for collisions with existing trademarks and signs. Both the DPMA and the EUIPO offer search engines for searching for existing trademarks, which can be used to search for identical and sometimes similar trademarks. However, as non-registered signs, e.g. company names or trademarks, which are protected purely on the basis of their use, are also protected, an Internet search using a search engine and a search in public registers, in particular the commercial register, are also recommended. In general, the more detailed the research, the lower the risk of trademark disputes.

What does a European Union trademark cost?

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The costs of applying for and maintaining an EU trademark can vary depending on the number of classes and the services or goods desired. The exact fees can be found on the EUIPO website. Typically, costs include registration fees, class fees and renewal fees that may be incurred over time. It is advisable to check the current fees in advance, as they may change.

How long does a trademark application take?

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The duration of the application procedure and the processing of the application depends on several factors. It can therefore take several months from filing the application to registration. On the one hand, the speed of processing depends on whether the application is filed with the EUIPO as an EU trademark or with the DPMA as a German trademark. National applications are usually registered somewhat faster, as 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 an influence on the duration of the examination after filing. In principle, a more detailed list will lead to an increased audit effort. In this respect, an application to the EUIPO as an EU trademark offers the possibility of a so-called "fast-track" procedure. In this case, the applicant is restricted to terms that have already been checked in advance by the trademark office when designating goods and services, but at the same time incorrect classification in the wrong class is avoided. A list compiled on the basis of the terms already examined also speeds up the examination at the DPMA. The DPMA also provides for the possibility of an accelerated examination, for which an additional fee of € 200.00 is charged. Finally, prompt payment of the application fee can also speed up the examination in the application procedure, since the examination by the trademark offices generally only takes place after receipt of the application fee.