Germany offers national trademarks, patents and utility models through the DPMA, sits inside the EU trade mark and design system, and participates in the Unitary Patent and the Unified Patent Court, four of whose local divisions are in German cities. National trademark filing is relatively low-cost but the DPMA does not search for conflicting earlier marks, so clearance is the applicant's job. Germany is a member of the PCT and the Madrid Protocol, so international filings can designate it.
Trademarks: national, EU or international
A German trademark filed electronically at the DPMA costs EUR 290 for up to three classes and EUR 100 per extra class. The DPMA examines only absolute grounds such as descriptiveness and does not check for earlier conflicting marks; owners of earlier marks can oppose within three months of publication of the registration. Protection lasts ten years and can be renewed indefinitely.
Businesses active across Europe often combine or replace a German mark with an EU trade mark, or designate Germany through the Madrid Protocol, which has applied to Germany since 1996. The right choice depends on where the brand will be used and how much risk of an EU-wide objection the business can accept.12345
Patents, utility models and the Unified Patent Court
A German patent lasts 20 years from the day after filing. A utility model (Gebrauchsmuster) offers faster, unexamined protection for up to ten years and is often used alongside a patent application. Germany has been a PCT member since 1978.
Since the UPC Agreement entered into force on 1 June 2023, European patents can be given unitary effect in 18 EU states including Germany, and infringement and validity can be litigated centrally before the Unified Patent Court. Germany hosts four local divisions (Düsseldorf, Hamburg, Mannheim, Munich) and a seat of the central division in Munich, so German venues remain central to European patent litigation.678910
Copyright and practical protection
Copyright lasts until 70 years after the author's death. Because ownership of software and creative work produced by staff and contractors depends on contract terms and German copyright rules on authors' rights, licences and assignments should be documented carefully.
The DPMA warns that private companies send misleading payment demands that look like official fee requests; the DPMA itself does not send invoices for trademark filings or renewals.1112
| Right | Where to obtain | Term | Note |
|---|---|---|---|
| German trademark | DPMA | 10 years, renewable indefinitely | EUR 290 online for up to 3 classes; no search for earlier marks; 3-month opposition |
| German patent | DPMA | 20 years from day after filing | Annual fees apply |
| Utility model | DPMA | Up to 10 years | Registered without substantive examination |
| Unitary Patent | EPO (unitary effect after grant) | Not reviewed | Covers 18 EU states including Germany; litigated at the UPC |
| Copyright | Arises under UrhG | 70 years after author's death | Document ownership and licences in contracts |
How it works, step by step
- Run clearance searches against existing German, EU and international marks before filing2Applicant (DPMA does not search relative grounds)
- File the German trademark application with a goods and services list and pay the filing fee1Deutsches Patent- und Markenamt (DPMA)
- Monitor the three-month opposition period after registration is published3DPMA
- Diarise renewal from six months before expiry4DPMA
No timings or fees are shown unless an official source states them.
Documents usually needed
- List of goods and services classified under the Nice classes
- Clearance search results
- Assignments and licences from founders, employees and contractors
- Priority documents for PCT or Paris Convention filings
- Records of any UPC opt-out decisions for existing European patents
Common mistakes
- Assuming DPMA registration means the mark is free of conflicts; the office does not check earlier marks.
- Paying unofficial invoices that imitate DPMA fee requests.
- Overlooking UPC exposure: a European patent with effect in Germany can be challenged centrally.
- Filing only nationally when the brand will be used across the EU.
When the business crosses borders
- International trademark applications under the Madrid Protocol and patent applications under the PCT can designate Germany.
- An EU trade mark covers Germany together with all other EU states, but an objection in any one state can affect the whole application.
- Unitary Patents and UPC decisions take effect across all participating states, including Germany.
Questions businesses ask
Does the DPMA check whether someone already has a similar mark?
No. It examines absolute grounds only. Conflicts with earlier marks are raised by their owners through opposition within three months of publication or later cancellation.23
Where are patent cases heard in Germany?
National courts continue to hear German patent cases, and the Unified Patent Court has four local divisions in Germany and a central division seat in Munich for European and Unitary Patents.8
How long does trademark protection last?
Ten years, renewable for further ten-year periods as often as required on payment of the renewal fee.4
What this guide does not yet confirm
These points need checking with a qualified local professional in Germany before you rely on them.
- EUIPO page could not be loaded; EU trade mark fees and term are not recorded as claims.
- German patent annual fees, utility model fees and DPMA patent examination procedure were not reviewed.
- Paris and Berne Convention membership dates for Germany were not confirmed (WIPO page truncated).
- UPC opt-out and transitional-period rules, and the availability of national courts for patent litigation, were not reviewed on an official page.
- That copyright arises without registration in Germany is general background and was not confirmed on an official page.
Sources and review status
Each statement is numbered to the source it was checked against. We use official sources where we can, and each statement says whether it was checked against an official or a secondary source. Sources last checked on 18 October 2026. None of it has been professionally reviewed yet: it is research checked against official and secondary sources by WONE Global, not legal or tax advice.
A German trademark application at the DPMA costs EUR 290 when filed electronically (EUR 300 on paper) for up to three classes, plus EUR 100 for each additional class. National trademark; goods and services are classified in 45 classes. Fees as published on the DPMA trademark page (last updated 10 December 2025).
The DPMA examines trademark applications for absolute grounds for refusal (such as descriptiveness) but does not check whether identical or similar earlier marks exist. Conflicts with earlier rights are dealt with through opposition or cancellation proceedings.
Owners of earlier marks may file an opposition within three months of publication of a German trademark registration, and the EUR 250 opposition fee must be paid within the same period. Opposition is filed after registration, not before.
A German trademark is protected for ten years and can be renewed for further ten-year periods indefinitely by paying the renewal fee; unpaid renewal fees cause the right to lapse. For marks registered from 14 January 2019 the term ends on the anniversary of the filing date; for earlier marks at the end of the month of filing. Renewal fee may be paid from six months before expiry; a six-month grace period with surcharge applies.
The Madrid Protocol on the international registration of marks entered into force for Germany on 20 March 1996.
A German patent lasts twenty years, starting on the day after the application is filed. Subject to payment of annual fees (not reviewed here).
A registered German utility model (Gebrauchsmuster) lasts a maximum of ten years, ending at the end of the calendar month in which the filing date falls, ten years later. Maintenance fees under § 23(2) GebrMG apply.
The Agreement on a Unified Patent Court entered into force on 1 June 2023; Germany hosts UPC local divisions in Düsseldorf, Hamburg, Mannheim and Munich and a seat of the central division in Munich. 18 EU member states, including Germany, have the UPC Agreement in force.
Germany is one of the 18 EU member states in which a European patent with unitary effect (Unitary Patent), registered by the EPO, takes effect. Unitary effect is requested after grant of a European patent; further states may join as they ratify the UPC Agreement.
The Patent Cooperation Treaty (PCT) entered into force for Germany on 24 January 1978.
Copyright in Germany expires seventy years after the death of the author. General rule; special terms apply to some related rights (not reviewed).
The DPMA warns that it does not send invoices or payment requests for trademark applications or renewals, and that private companies send misleading payment demands.
Questions on this topic
12 statements on intellectual property and brand protection in Germany
