HORAK · LAWYERS · SPECIALIST LAWYERS · PATENT ATTORNEYS
Your brand. Protected in the markets that matter.
Trade mark registration, clearance and enforcement in Germany, the European Union and selected markets worldwide. We help you choose the appropriate protection, manage your rights and respond to disputes.
24 practical starting points
Trade mark registration
Choose protection around the markets in which your business operates. A German registration, an EU trade mark and an international registration serve different territorial needs. There is no single registration granting protection in every country.
National trade mark filings abroad
A national application may be appropriate where protection is needed in a specific country, where the Madrid route is unavailable or where an independent filing is preferable. Local examination, representation and use requirements remain relevant.
EU trade marks
An EU trade mark covers the European Union as a unitary right. It does not cover every European country: the United Kingdom and Switzerland require separate consideration. Earlier national rights may affect an EU application.
International registration: Madrid System
The Madrid System provides a central procedure for requesting protection in designated members. It depends on an eligible applicant and a basic application or registration. Each designated office applies its own examination rules.
Trade mark protection in Germany, Austria and Switzerland
DACH is a planning term for Germany, Austria and Switzerland, not a separate trade mark office or unitary register. Germany and Austria are EU Member States; Switzerland must be covered separately.
Trade mark searches before launch
A register search helps assess conflict risks before committing to a name, logo or market launch. An identical-name search alone does not resolve similarity risks. A free domain name does not demonstrate that a trade mark is available.
Word marks, logos and slogans
The sign filed determines what is recorded in the register. A word mark, a figurative mark and a combined word-and-device mark are not interchangeable. A slogan must meet the applicable requirements for protection.
Colours, shapes, sounds and other mark types
Protection may be available for signs beyond words and conventional logos, including colours, shapes, sounds and other recognised mark types. The permitted representation and substantive requirements depend on the office and the type of mark.
Collective and certification marks
Collective marks and certification marks serve different purposes from an ordinary individual trade mark. The eligible proprietor, users, rules of use and supervision must match the chosen system.
Trade mark classes and specifications
The Nice Classification organises goods and services into classes. A class number alone does not define the protection sought. The wording of the specification must reflect the products and services that matter to the business.
Examination objections and refusals
An office objection may concern formal requirements, classification or substantive grounds for refusal. The response must address the actual reasons stated in the notice and the applicable deadline.
Trade mark oppositions
An opposition can challenge a new registration or application on the basis of earlier rights under the relevant procedure. The available grounds, deadlines and evidence requirements depend on the office.
Revocation, invalidity and cancellation
Registration does not make a trade mark immune from challenge. Non-use, loss of distinctive function or defects affecting validity may support proceedings, depending on the relevant law and facts.
Enforcing trade mark rights
A similar sign does not automatically establish infringement. The protected right, territory, products, actual use and available defences must be assessed together. Prompt evidence preservation is often essential.
Responding to a cease-and-desist letter
A trade mark warning letter may demand an undertaking, information, compensation and costs. Signing a broad undertaking without review can create obligations beyond the immediate dispute.
Interim injunctions and trade mark litigation
Court proceedings may be required to stop infringement or defend against an asserted right. Urgency, jurisdiction, evidence and the requested remedy must be considered before selecting the procedure.
Online brand protection and domain disputes
Brand misuse can involve marketplaces, social media, advertising and domain names. Platform reporting procedures and domain dispute mechanisms have their own requirements and do not replace every court remedy.
Counterfeits and customs enforcement
Border measures can help address counterfeit goods, but effective action requires identifiable rights, useful product information and reliable contacts. Customs action must be coordinated with the applicable procedure and deadlines.
Trade mark watching, use and renewals
A portfolio needs continuing attention after registration. Watching, renewal administration and evidence of use are distinct tasks. Their scope should be agreed rather than assumed to follow automatically from a filing.
Trade mark licences and transfers
Licensing allows another business to use a mark within agreed limits; a transfer changes ownership. The contracts and register records should reflect the commercial arrangement and territorial scope.
Portfolio management and IP due diligence
Trade mark due diligence asks whether rights, ownership and use support the business being reviewed. A list of registrations alone may conceal gaps, disputes, expired rights or restrictive agreements.
EU trade mark or international registration?
An EU trade mark is a unitary EU right. A Madrid registration is a central mechanism for seeking protection in designated members. The routes can interact, but they are not substitutes with identical territorial effects.
Trade mark strategy and advice
A filing should support the commercial objective: entering a market, protecting a name, licensing a brand or resolving a dispute. Registering broadly without a clear plan may create cost without addressing the main risk.
Brand development and launch checklist
Naming, design, domain selection and legal clearance should be coordinated before launch. Design approval or domain availability does not establish freedom to use a brand.
International protection
Use our country and territory guides to plan national filings, EU protection and Madrid designations. We coordinate with local representatives where the relevant procedure requires it.
Professional fees at a glance
Germany EUR 219 · national foreign filing EUR 345 · DACH EUR 909 · EU EUR 349 · international registration EUR 599. Net professional fees for the agreed scope, plus applicable VAT, official fees and agreed expenses. See scope and cost information.
Meet the team
Lawyers, specialist lawyers and patent attorneys · About the firm · German offices
Trade mark updates in 2026
Office practice, international protection routes and portfolio administration change throughout the year. Our updates explain the practical consequences for filing, budgets and ongoing rights. Each retrospective distinguishes its event date from the editorial review on 13 November 2026.
WIPO Wallet: allocating international trade mark payments
On 5 October 2026, WIPO introduced the WIPO Wallet name for its former current account. Existing accounts transferred automatically. The notice reduced the initial deposit to CHF 200 and specified at least four transactions per calendar year.
One year of eMadrid: access, portfolios and deadlines
On 9 September 2026, WIPO marked the first year of eMadrid with updates on representative changes, email management and portfolio filters. Businesses should check whether their real allocation of responsibilities is reflected in the digital system.
Jersey: separate Madrid designation from August 2026
Since 1 August 2026, Jersey is designated separately under the Madrid System. A new UK designation no longer automatically covers Jersey. WIPO describes transitional arrangements for existing registrations that depend, among other things, on their UK protection status.
Saudi Arabia joins Madrid: protection from October 2026
WIPO announced Saudi Arabia’s accession on 23 July 2026. The Madrid Protocol entered into force there on 8 October 2026. Eligible applicants can therefore consider designation through an international registration alongside the national route.
Case law: practical lessons from the archive
Selected historical decisions illustrate recurring questions about distinctiveness, references to other brands and artistic use. Dates are shown explicitly; each case must be read in its factual and legal context. The linked archive texts are in German.
BGH: Lila-Postkarte
The decision of 3 February 2005 concerns humorous use of a well-known mark and artistic freedom. The actual presentation and context matter; it is not a blanket rule for every advertising reference.
BGH: vacuum-cleaner filter bags
The decision of 20 January 2005 addresses another party’s mark as a reference to the intended use of goods. The overall presentation, including any impression of a commercial link, is central.
BGH: BONUS II
The order of 28 February 2002 examines the distinctiveness of an ambiguous word. Assessment requires attention to the goods claimed and the relevant public’s understanding.
Four typical starting points
Product launch
Sales needs a prompt naming decision. Supply candidate names, target markets and fixed dates so clearance and filing can be prioritised.
Urgent dispute
A warning letter arrives. Start with the deadline and complete correspondence rather than only a general business history.
New partner
A prospective licensee requests broad rights. Compare the portfolio, planned use and negotiating objective before making commitments.
Annual review
Review marks, products and countries together to produce a prioritised list of renewals, evidence work, filings and contract corrections.
Discuss your trade mark matter
Tell us about your mark, target markets and any deadline. All fields are optional; please provide an email address or telephone number if you would like a reply. Sending an enquiry does not itself place an order or establish a client relationship.