Attorney-at-Law Michael Horak, graduate engineer (Electrical Engineering), LL.M. (European Law)
 


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Trademarks

Within a six months’ period following the registration of a German trademark, it is possible to extend the protection of a trademark to other countries. Protection is then effective as of the day of the primary registration of the trademark in Germany. Apart from that, an international registration of a base German trademark is possible at the International Trademark Office (located at the WIPO/OMPI, World Organisation for Intellectual Property Protection). This registration is governed by the Madrid Agreement Concerning the International Registration of Trademarks (MMA) and the Madrid Protocol (PMMA). Europe-wide registration of a trademark and an application for a domestic trademark effective abroad provide further possibilities.

1. International Trademark Registration (IR-trademarks)

The following countries are party to one or both of the above mentioned agreements. By means of an application with WIPO/OMPI we can extend the protection of a (usually German) base trademark to these countries. With the following chart we would like to give you an opportunity to determine the countries on which the protection of your trademark should be extended.

 AG Antigua and Barbuda

 AL Albania

 AM Armenia

 AT Austria

 AU Australia**

 AZ Azerbaijan

 BA Bosnia and Herzegovina

BG Bulgaria

 BT Bhutan

 BX Benelux

 BY Belarus (Weißrussland)

 CH Switzerland

 CN China

 CU Cuba

 CZ Czech Republic

 DK Denmark**

 DZ Algeria

 EE Estonia**

 EG Egypt

 ES Spain

 FI Finland**

 FR France

 GB United Kingdom**

 GE Georgia**

 GR Greece**

 HR Croatia

 HU Hungary

 IE Ireland

 IS Iceland**

 IT Italy

 JP Japan**

 KE Kenya

 KG Kyrgyzstan

 KP Democratic People’s Republic of Korea

 KZ Kazakhstan

 LI Liechtenstein

 LR Liberia

 LS Lesotho

 LT Lithuania

 LV Latvia

 MA Morocco

 MC Monaco

 MD Rep. of Moldova

 MK The former Yugoslav Rep. of Macedonia

 MN Mongolia

 MZ Mozambique

 NO Norway**

 PL Poland

 PT Portugal

 RO Romania

 RU Russian Federation

 SD Sudan

 SE Sweden**

 SG Singapore**

 SI Slovenia

 SK Slovakia

 SL Sierra Leone

 SM San-Marino

 SZ Swaziland

 TJ Tajikistan

 TM Turkmenistan**

 TR Turkey

 UA Ukraine

 UZ Uzbekistan

 VN Viet Nam

 YU Yougoslavia

 ZM Zambia

 

The basic official fee for an international registration for three classes amounts to 653 Sfr. (approx. € 442). Starting from the fourth class the official fees are increased by 73 Sfr. per each class. For each country on which the protection of a trademark is to be extended additional official fees amounting to 73 Sfr. are charged. Filing an application via the German Patent and Trademarks Office is charged with the official fee of approx. € 176. In countries marked with “**”, individual fees are ranging from 112 to 1337 Sfr. The same applies to class fees, which range from 15 to 1262 Sfr. As far as our fees are concerned, you can find them in our performance specifications or have them estimated by us (including official fees) if you send us back this form.

The countries in bold and underlined printing are presently party to the Madrid Protocol only, the countries in italics are party to the Madrid Agreement Concerning the International Registration of Trademarks only. All the remaining countries are party to both agreements (MMA and PMMA).

2. Community Trademarks (EU-Trademarks, CTM)

By means of an application for a Community Trademark at the Office for Harmonisation in the Internal Market (OHIM) in Alicante, Spain, it is possible to apply for protection in all 27 member countries of the European Union. Members of the European Union are among others Luxemburg, the Netherlands, Belgium, Germany, Denmark, France, Finland, Great Britain, Greece, Italy, Ireland, Austria, Portugal, Spain Sweden, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.

Please note - in case of a trademark in German – that Switzerland is not a member of the EU and therefore it is recommended to register a trademark according to subsection 1. of this form.

The official fee for the application for a Community trademark in three classes amounts to € 975, an additional € 200 is charged per class starting from the fourth class. The registration of a Community trademark amounts to an additional official fee of € 1100, and another € 200 per class starting from the fourth class. You can find our fees in our performance specifications or have them estimated by us (including official fees) if you send us back this form.

3. Domestic trademarks effective abroad

As far as countries are concerned which are not party to either of the above mentioned agreements (e.g. until 1st November 2002 the USA which became a member of the PMMA on 2nd November 2003) it is necessary to apply for a national registration by means of overseas representatives. We have worldwide contacts. The ensuing costs vary from country to country and must be determined individually. We will be happy to inform you. Please contact us.

with kind assistance of: www.english.bwlh.de german lawyer germany attorney patent attorney at law hannover trade mark hanover law rights court law suit www.trademark-lawyers.de trademark lawyer trade mark attorney agent service mark application www.attorney-trademark.de trademark application www.trademark-agents.de trademark agents trademark agent germany german europe european trademark agent www.trademarkworld.de trademark world scan search www.home.t-online.de/home/michael.horak/index.htm german lawyer www.web.de/614693/ attorney hannover lawyer germany hanover unfair competition lawyer www.healthlawyer.de food attorney food law pharma lawyer www.english.ipde.de intellectual property lawyer ip attorney patent attorney at law germany information technology lawyer www.patent-filer.com file patent application in germany europe and pct patent application representative german www.tm-conqueror.com trademark representative trade mark application in europe german trademark attorney www.ipblog.de intellectual property law blog www.copylawyers.com copyright law copyright lawyers protect copyright license law music law attorney

 

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