Information on the protection of Intellectual Property
>> Foreign Trade Marks

Trade mark protection abroad can be obtained by registering German trade marks. This requires the filing of an international trade mark application in Germany. If a sign is to be the subject of several simultaneous applications in foreign states, it is advisable to register an international trade mark (IR trade mark) and/or a "protocol trade mark." By this means, a single application is sufficient to obtain trade mark protection in the states that have ratified the Madrid Agreement on Trade Marks or the Protocol updating it, which took effect on April 1, 1996. A condition for applying for an IR or "protocol" trade mark is that the sign applied for must be registered, or registration applied for, as a trade mark in the country of origin (basic trade mark or basic trade mark application).
 
In addition, it is possible to register a Community trade mark which confers protection throughout the territory of the European Union. It is not necessary to have registered or applied for registration of a basic trade mark.
 
In making foreign trade mark applications, the applicant can claim the priority of an earlier German application. The period allowed is 6 months, calculated from the application date of the earlier application.
 
<< back