5,0/5 Google · 167 reviewsWe do not check reviews of us on other platforms that we do not quote verbatim for authenticity. They may therefore also come from people who are not our clients. The rules of the respective platform apply. Reviews that we quote verbatim on our website, by contrast, have been checked for authenticity within the meaning of Section 5b(3) UWG (German Act against Unfair Competition): we compared the reviewers’ names with our client register. We also asked the respective platform to check the reviews for authenticity.Period: October 2016 to date · As of: 28 October 2026
Register a trademark before launch
The most expensive trademark mistakes happen before the form.
The name is largely settled; the website, shop, pitch or campaign is about to be approved. We review distinctiveness, conflicts and classes and register your trademark with the DPMA (German Patent and Trade Mark Office) or as an EU trademark.
Please enter a short description first.
The first contact is free of charge. We will point it out to you explicitly before any costs arise.
Response on working days within 24 hoursCheck it yourself first – trademark launch check
Stand: 23.10.2026
NOVALIA
Goods and services in classes 9 and 42: software, platform services and cloud applications.
Review point: similar older sign, related classes
- 1Record the signIdentical and similar signs
- 2Check conflictsSign, classes, route
- 3RegisterThe office decides on registration
Schematic illustration of a search result. Simplified example.
We register trademarks for
- Product names
- Company names
- Claims
- Logos
- DE and EU
Key points in brief
- Before you register a trademark, we at ITMR review distinctiveness, conflicts with older signs, the list of goods and services and the route between a German and an EU trademark.
- The DPMA does not check older similar trademarks when you apply, so a conflict search belongs before filing.
- A list that is too narrow leaves gaps; one that is too broad increases the target area and costs.
- The trademark office decides on registration; in a dispute, the office or a court decides on oppositions by third parties.
- Your contact is Jean Paul Bohne and his team. He is a Fachanwalt (certified specialist lawyer) for IT law and for copyright and media law. Response on working days within 24 hours.
- DPMA
- German Patent and Trade Mark Office. German trademarks and designs are registered there.
- EUIPO
- European Union Intellectual Property Office. EU trademarks and EU designs are registered there.
Reason for the mandate
What must be decided before launch?
When a sign is to go to market, in our experience the most expensive mistakes usually happen beforehand, hardly ever when filling in the form.
Is the sign protectable, does it conflict, and does the scope of protection really fit the planned use?
The sign is too close to older rights, the classes are too narrow or too broad, the word/figurative logic does not fit the use, or the protection route was aimed at the wrong market. That is exactly when the trademark application becomes an economic decision.
We support trademark applications where there is not a form problem but a pre-launch problem. What matters are distinctiveness, conflict review, class strategy and the right route between a German trademark, an EU trademark and a robust filing.
For building protection, defence and enforcement in the overall picture, our trademark law area is the right starting point. This package is narrower: finalised sign, real use, robust conflict review, a sensible list and a clean filing.
- Secure a product name
- The name should work in the store, in the shop and on the packaging.
- Protect a company name
- The company identifier should also be robust as a trademark.
- Assess a claim
- In our experience, advertising slogans are often too descriptive for trademark protection.
- Register a logo
- Word mark, word/figurative mark or both.
- Decide between DE and EU
- The route follows the market, sales and conflict zone.
The name has almost been decided internally. The product name, company name, claim or logo is largely settled, but the trademark conflict has not yet been properly reviewed.
The launch and budget are already under way. Website, store listing, pitch deck, packaging or campaign are in progress, and a late name change would burn time, reach and money.
The protection route is open. It is unclear whether a German trademark is enough, whether the EU must be considered from the start and how the list can be tailored economically.
The domain and commercial register seem free. That is not enough for a robust clearance. The real question is whether identical or similar older signs can block the launch.
The design is finished, the sign strategy is not. Word mark, word/figurative mark or both? In our experience, anyone who asks this question too late often gives away scope of protection or flexibility.
Sales or investors want clarity. The name should sound good, be robustly registered and later be built up so that it can be defended.
A basis for clearance instead of register routine
We do not treat launch and registration mandates as register routine. The aim is an application in which sales, product and brand follow the same line. Whether and how you register is your decision.
How it works
How does trademark registration work in three steps?
After your enquiry, we will get back to you on working days within 24 hours. We do not work with abstract wish terms but with the real use of the sign.
01
Record the sign
You send the name, logo or claim and briefly describe what the sign is to be used for and in which markets the launch is planned.
- Sign
- word and logo
- Markets
- DE, later EU
02
Check conflicts
We search for identical and similar older signs and check whether the sign has the necessary distinctiveness as an indication of origin. We clarify which conflicts actually affect your freedom to act.
- Identical signsnone
- Similar signscheck 2
03
Register
We tailor the list of goods and services to the product, sales, software, platform, content or services. At the same time, we decide with you whether to start with German or EU-wide protection. We file the application and think ahead about how the sign will later be used, extended, defended or used in negotiations.
- Classes
- 9, 35, 42
- Route
- DPMA first
How long does it take? We complete most work steps within a few working days. How fast it goes depends on the scope and on your feedback. Do you have a fixed date, such as a launch? Tell us right away in your enquiry and we will plan for it.
Scope of services
What is included in the package?
Service package: register a trademark
Distinctiveness
We check whether the sign is protectable as a trademark or too descriptive.
Conflict search
We search for identical and similar older trademarks in the relevant goods and services zone and assess the risk.
Sign strategy
We clarify whether a word mark, a word/figurative mark or both makes economic sense.
List of goods and services
We draft the list to fit the real use and foreseeable expansion.
Protection route
We recommend a German trademark, an EU trademark or a staged approach.
Filing
We file the application with the DPMA or the EUIPO and support the procedure through to registration.
- For whom
- Companies and founders before a launch, rebranding or start of sales
- Offices
- DPMA for the German trademark, EUIPO for the EU trademark
- First response
- on working days within 24 hours
- First contact
- free of charge, to clarify the topic, responsibility and next step
- Costs
- We will tell you explicitly in advance, including the official fees. Only then do you decide.
- Not included in the package
- Opposition proceedings against or by third parties, trademark monitoring and international registrations. This is a separate service, on request and as needed.
Who provides what and who decides
What you provide
- Name, logo or claim
- Description of the product and service
- Planned markets and sales channels
- Timetable for launch or rebranding
What we take care of
- Search and conflict assessment
- Review of distinctiveness
- List and protection route
- Filing and procedure through to registration
Who decides
- You, on the sign, route and scope
- The trademark office, on registration
- In case of opposition by third parties, the office or a court
How does the engagement work?
- 1
Initial assessment
We review your information and tell you whether the package fits or another route makes more sense.
- 2
Offer for the package
If the package fits, you receive an offer for the search, list and filing of the application. We only start after you have agreed.
- 3
Court action separately
Opposition and court proceedings and representation in them are not part of the package. We agree these steps separately.
Initial key questions
When does registration pay off economically?
We clarify four questions before every filing.
Is the sign protectable as a trademark at all?
In our experience, descriptive or weak signs often seem plausible internally and only fail during examination or later in a conflict. Before launch, it must be clear whether the name has enough distinctiveness as an indication of origin.
How large is the conflict zone?
It is about more than whether exactly the same name exists. What matters is whether similar signs in an economically close goods or services zone can later trigger an opposition, an attack or pressure to rebrand.
Which classes reflect the real use?
A list that is too narrow leaves gaps. A list that is too broad increases the target area and costs. What matters is how the product, sales, software, platform, content or services appear on the market.
Which protection route fits the business model?
German trademark, EU trademark or a staged approach. The route follows the planned market, the conflict risk and expansion plans, not the reflex to book as much scope as possible at once.
Typical case situations
When does a trademark application easily go wrong?
We see these situations particularly often.
| Situation | What happens | What we look out for |
|---|---|---|
| Launch – name set, clearance missing | Marketing, design and sales work with a final sign while no one can say reliably whether it can be registered. | Search before further investment in branding and media |
| Rebranding | The new branding has been agreed internally, but no one has checked whether a similar older sign could slow down the rollout. | Clarify the conflict zone before the rollout |
| E-commerce – Germany launches, Europe is foreseeable | The application must be robust today without making later expansion unnecessarily expensive or blindly taking on the EU-wide conflict risk. | Staged approach or EU trademark straight away |
| Logo and name | Anyone who only registers the finished logo ties protection more closely to the graphic. Anyone who only thinks of the name sometimes overlooks the specific presentation. | Word mark, word/figurative mark or both |
Protection route
DPMA or EU trademark – which start fits?
What matters is how broad real sales will become and how calculable the conflict zone is.
DPMA
German trademark
Launch mainly in Germany
If you initially launch mainly in Germany, in our experience a precise national solution is often the better choice. The conflict zone is smaller and easier to calculate.
EUIPO
EU trademark
Several EU markets from the start
If you seriously serve several EU markets from the start, you should think EU-wide. However, a conflict in one member state can then affect the entire application.
DE + EU
Staged approach
Germany now, Europe foreseeable
The German application secures the launch. The extension follows once sales and the conflict situation in further markets are clear.
Misconceptions
What is misjudged before filing?
Four assumptions we regularly correct in pre-launch mandates.
“The domain is free, so the name is fine.”
Domains and the commercial register are important indicators, but they do not replace a trademark conflict assessment.
“The office also checks similar older trademarks.”
Anyone who relies on this confuses the office’s examination with a conflict review and builds in unnecessary pressure from oppositions or cancellations.
“We’ll just register everything broadly.”
Overly broad lists do not automatically create better protection. They can create an unnecessary target area and unnecessary costs.
“The logo is enough, we don’t need the name separately.”
Whether the graphic, the word element or both levels are economically decisive must be assessed in advance.
Legal basis
What does the German Trade Mark Act review on application?
On application, the DPMA examines absolute grounds for refusal, such as a lack of distinctiveness or purely descriptive indications under Section 8 MarkenG. The office does not examine older similar trademarks of its own accord.
Owners of older trademarks can file an opposition within three months of publication of the registration. This is governed by Section 42 MarkenG. That is why the conflict search belongs before filing.
The EU Trade Mark Regulation applies to the EU trademark. There, too, owners of older rights can file an opposition.
Sources
- Section 3 MarkenG: signs capable of protection as a trademark Which signs can be protected as a trademark.
- Section 8 MarkenG: absolute grounds for refusal Lack of distinctiveness, descriptive indications and other obstacles.
- Section 42 MarkenG: opposition Opposition based on older trademarks after publication of the registration.
- Section 9 MarkenG: applied-for or registered trademarks as relative grounds for refusal When older trademarks conflict with a younger trademark.
Limits
What a registration does not do
Registration does not replace a trademark strategy on autopilot.
- 1
No clearance by the office
A registration does not rule out oppositions or attacks based on older rights.
- 2
Use and monitoring
Even a registered trademark must be used, monitored and defended if necessary.
- 3
Ongoing dispute
If a deadline is already running or a conflicting trademark has been registered, an opposition against a trademark is the more appropriate starting point.
Typical mistakes before filing
- Filing only after go-live.
- Looking only at a free domain and the commercial register.
- Copying the list from templates instead of from real use.
- Registering only the logo, although the name is the economic sign.
- Choosing an EU trademark by reflex without knowing the EU-wide conflict zone.
Your contact
Jean Paul Bohne, LL.M., MM, CIPP/E, CIPM
Rechtsanwalt (lawyer) and mediator · Partner · Fachanwalt für IT-Recht (IT law) · Fachanwalt für Urheber- und Medienrecht (copyright and media law)
View profile Düsseldorf, Schirmerstraße 80 · Hamburg, Palmaille 124
TOP Anwalt 2027 · business lawyers · industrial property protection
F.A.Z.-Institut and QuantiQuest. Based on recommendations from fellow lawyers and assessments by in-house counsel. Source (opens in a new tab)
ReviewsWe do not check reviews of us on other platforms that we do not quote verbatim for authenticity. They may therefore also come from people who are not our clients. The rules of the respective platform apply. Reviews that we quote verbatim on our website, by contrast, have been checked for authenticity within the meaning of Section 5b(3) UWG (German Act against Unfair Competition): we compared the reviewers’ names with our client register. We also asked the respective platform to check the reviews for authenticity.
What clients say
5,0 von 5 · 71 Bewertungen auf anwalt.dePeriod: October 2018 to date · As of: 28 October 2026
“Mr Jean Paul Bohne carried out the trademark registration very quickly, competently and flawlessly. Communication was very good and reliable at all times. His friendly and uncomplicated manner also completely convinced me. …” (translated from German)
“I am more than satisfied. Mr Bohne has now helped me a great deal for the second time. …” (translated from German)
“+***** Exemplary lawyer. Actually, 5 stars are not enough. Mr Jean Paul P. Bohne called me today after I had written an email, because I wanted brief advice on an incident. Very, very humane and very professional. …” (translated from German)
FAQ
Questions before registering a trademark
Does the DPMA automatically check older similar trademarks when you apply?
No. That is exactly why the prior search is so important. Anyone who relies only on the office’s examination can later face pressure from oppositions or cancellations despite registration.
We explain what a trademark protects and how long protection lasts in our article (in German) What is a trademark.
Is a German trademark or an EU trademark more sensible first?
That depends on the market, sales and conflict zone. In our experience, anyone who launches mainly nationally is often better off with a precise German solution. Anyone who serves several EU markets at the same time should have the EU trademark reviewed.
Is it enough to register only the finished logo?
Not necessarily. In our experience, the word mark is often more flexible economically because it is not tied to a graphic design. Whether a word/figurative mark also makes sense depends on the real use of the sign.
Can the list of goods and services be extended later?
After filing, the list can no longer be extended, only restricted. New goods or services require a new application. That is why we draw up the list from the start to fit real use and expansion.
When should the trademark application become part of the launch process?
Not only after go-live. The assessment makes sense as soon as the name is settled enough for conflict review, class strategy and protection route to be decided robustly.
Is this page the right starting point if a dispute is already under way?
Then usually not any more. If a deadline is running or a conflicting trademark has been registered, an opposition against a trademark is the more appropriate starting point. For the overall picture, trademark law remains the main page.
Can an advertising claim be registered as a trademark?
In principle yes, if the claim is distinctive and not merely descriptive or customary in advertising. Many slogans fail for lack of distinctiveness. We check this before filing.
What do you need from us for the initial assessment?
The sign as a word or graphic, a short description of the product or service, the planned markets and the timetable for launch or rebranding. As a rule, we do not need more to get started.
Next step
Clarify the trademark situation before the name and media budget are fixed
When the sign has almost been decided internally, in our experience an early assessment is usually worth more than a late change of course. We structure the conflict situation, scope of protection and filing strategy so that the next step makes economic sense.
Helpful for the initial assessment
- Name, claim or logo
- Short description of the product or service
- Planned markets and sales channels
- Timetable for launch or rebranding
You can assess in advance whether your name, logo or claim is protectable with our trademark launch check.
Have the trademark application assessed
State the sign, its use and the markets. You can upload a logo directly.
Helpful items are the sign, a short description of its use, planned markets and the timetable.
Related services
Trademark law Building protection, defence, platform conflicts and enforcement.Opposition against a trademark If a conflicting younger trademark has already been registered.Trademark service Monitoring, extension and ongoing trademark work after registration.Trademark launch check Assess distinctiveness and conflict risks yourself in advance.Domain dispute Secure or recover a domain.Register a design Protect designs.
From our blog (in German): What is a trademark · Fake invoices in the name of the DPMA · “Kölner Dom” as a trademark