Germany does not allow trademark registration procedures to be used as a means to monopolize trademark rights, that is, registration is allowed without use. If the trademark is not used in trade activities for five consecutive years after registration, the registered trademark will be revoked. However, the Patent and Trademark Office does not actively check whether trademarks are used, nor does it take the initiative to cancel unused registered trademarks. Only when a third party disputes the validity of a trademark on the grounds of non-use, the use of the trademark will be checked and a decision will be made as to whether to revoke it.
Germany has registered and protected service marks since 1979. Registration protection is also provided for certification marks.
In terms of international trademark protection, Germany has participated in the Madrid Agreement on the International Registration of Marks, the Madrid Agreement on Sanctioning False or Deceptive Indications of the Origin of Goods, the Lisbon Agreement on the Protection of Appellations of Origin and their International Registration and The Nice Agreement and other international conventions.
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