GERMANY Law and Practice Contributed by: Thomas Nägele, Steffen Henn, Anke Hofmann and Serpil Dilbaz, SZA Schilling, Zutt & Anschütz
3.10 Related Rights Copyright and trade mark protection serve distinct purposes and grant different rights. Nonetheless, copyrighted works can be registered as trade marks if they fulfil the respective application requirements (distinctive sign).
The sign applied for itself cannot be subsequently changed. In particular, design marks cannot be updat -
ed or refreshed in the course of time. 4.4 Application Requirements
The formal requirements for submission of a trade mark application are stipulated in the German Trade Mark Regulation ( Markenverordnung ). Such applica - tion must be submitted in paper form or electronically to the DPMA and must contain the following: • information permitting verification of the identity of the applicant; • a reproduction of the trade mark and an indication of which kind of trade mark shall be registered; and • a list of the goods and/or services for which regis - tration is sought. Any company, partnership or private individual can apply for a trade mark for any type of goods or ser - vices. A representation by an attorney is not manda - tory. Applicants without a residence, principal place of business or an establishment in Germany need to appoint an attorney as a domestic representative. After receiving the application and fees, the DPMA examines whether the application meets the formal requirements and whether there are absolute grounds for refusal of the registration of the trade mark. The registration procedure is usually completed within seven to eight months. Multi-class applications are allowed. The fee for the application contains a basic application fee and class fees. The basic application fee allows an application for up to three classes of goods and/ or services (EUR300; or EUR290 for electronic filing). For any further class, a fee of EUR100 is to be paid. 4.5 Use in Commerce Prior to Registration See 2.4 Use in Commerce . 4.6 Consideration of Prior Rights in Registration The DPMA does not check the existence of prior rights. Owners of prior rights can initiate opposition
4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration
Trade mark rights may accrue by virtue of register - ing a trade mark. However, unregistered trade marks may also be protected (see 4.4 Application Require- ments ). 4.2 Trade Mark Register All types of trade marks and other registered signs are published in the German Trade Mark Register which is administered by the DPMA. The register, which contains any signs applied for, registered, refused or cancelled, is freely available online in German and English. Registrations of trade marks are also pub - lished in the official electronic Trade Mark Journal ( Markenblatt ) which is issued weekly. Before filing a trade mark application, it is usual practice to search for prior or colliding trade marks, in particular in the trade mark register. 4.3 Term of Registration The term of registration (and protection) commences on the date of application and ends ten years later on the same day and, in the case of trade marks registered before the Trade Mark Modernisation Act was implemented, on the last day of the month cor - responding in name to the month in which the date of application falls. The term may be extended by terms of ten years each, potentially indefinitely. The renewal of the trade mark is subject to payment of a renewal fee and, if the renewal is requested for goods and ser - vices in more than three classes, an additional class fee per class. A subsequent amendment of the trade mark is only partially possible. For example, while the list of goods and services can be subsequently restricted at any time, an extension to more classes is not possible.
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