The order to the trade mark application covers the following activities:
Examination of the protectability of the trademark
We check whether your designation can be protected as a trademark. Not all signs can be registered as a trade mark. For example, signs that are descriptive for the designated goods or services are excluded from registration. These signs should not be monopolized in favour of an individual.
We conduct a similarity search for similar marks under the German, EU and international registrations which grant protection in Germany and the EU and provide you a risk assessment. If we have found in our examination of registrability that the application could be rejected, we advise you explicitly on the issue. In this case, we will give you concrete suggestions what to do to enhance the chances of registering the mark. This could be for example the addition of a non-descriptive word or logo. If you then decide not to register your mark, we will refund 50% of the agreed fee.
Preparation of the specification of the goods and services
The wording of the goods and services decides significantly about the value of your brand. We inform ourselves about your products and ask you for which products you intend to use the mark.
The list of the goods and services cannot be expanded after the filing of the application. It should be therefore on the one hand so broad, that it covers all (in the foreseeable future) used goods or services, on the other hand, it should be not too general. So, conflicts can be avoided with earlier marks and objections by the trademark office. This saves time, costs and results in faster registration.
Filing an application for your trade mark at the Office for Harmonization in the Internal Market (OHIM)
We file the application for your brand at the OHIM on your behalf.
Sending the acknowledgement receipt and correspondence with the OHIM
We carry the standard correspondence with the OHIM for you. This includes minor objections to the information in the application or if necessary necessary amendments of the goods and services. If the OHIM issues an objection, for example with the announcement to reject the application, and if a detailed opinion is required to the counter, this requires a separate assignment. Of course, we will inform you in this case about the possible and necessary additional steps and costs so you can freely decide about further steps.
Progress monitoring of the application
We continually monitor the status of the official proceedings and inform you. If necessary, we will contact the trademark office to speed up the registration process.
Note on the possibility of the extension of the brand protection
Before the expiration of six months after the trade mark application, it is possible to apply the same mark in another country and to claim the application date of the home registration (so-called priority). We inform you about this possibility.
Monitoring of the opposition period
We monitor the opposition period and let you know if an opposition is being filed. In the event of a conflict, we will send you the documents and inform you about the prospects of success as well as possible steps and costs. You can then decide on the next steps.
Checking and sending the registration certificate
We check the registration certificate after the registration of the trade mark and take care of necessary corrections. Along with the original registration certificate we provide useful remarks, e.g. how to use the brand, if the (R) can be attached to the mark, which deadlines are to be observed etc.
Premature termination of the mandate
If you cancel the mandate before submitting the application, we will refund 50% of the agreed fee.