1. The current German Trademark Law was first formulated in 1968 and revised twice in 1979 and 1987. In the 1979 revision, the protection of service marks was added. The Implementing Rules of the Trademark Law were revised and came into effect in 1986. The new German Trademark Law came into effect on January 1, 1995. The revised trademark law includes that trademarks must be registered immediately after review. The registered trademark will be announced and objections can be filed within 3 months. This important statute enables trademark owners to sue for infringement even when the trademark is subject to opposition. The new trademark law also includes enforcement regulations for the protection of trademarks.
2. German law stipulates that the acquisition of trademark rights is based on registration. In Germany, product trademarks, service marks and collective trademarks can be registered according to law.
3. Currently, Germany is a member state of the Paris Convention for the Protection of Industrial Property, the Madrid Agreement on the International Registration of Trademarks, the Nice Agreement on the International Classification of Goods and Services for the Purpose of Registration of Trademarks, and the World Intellectual Property Organization. Germany ratified the Protocol to the Madrid Agreement on December 20, 1995, and the Protocol entered into force in Germany on April 1, 1996.
4. Germany adopts the international classification of goods and services for trademark registration. However, when applying for a registered trademark, one application can include multiple categories of goods or services, but the applicant should pay fees according to the category