In which search field can I search for the leading class (Nice Classification)?
In the DPMAregister service no distinction is made between the 'leading class' and 'other classes' of the Nice Classification. Both can be entered in the 'Classes (Nice)' search field. The register information and the result list displayed also contain only one field/column for the classes of the Nice Classification. The leading class comes first and is highlighted.
The Basic search lacks certain entry fields, for example 'Representative', 'Colour name', 'Legal status information'.
Have these search options been omitted from the DPMAregister service?
The search options, for example, by representative or by colour have not been dropped. However, we had to omit these search fields in the Basic mode, because the Basic mode only contains the frequently used search fields. In the Expert mode you can still use these search options and also enter complex search queries.
I can enter up to three classes of the Nice Classification in the Basic search. What can I do if I want to search for more than three Nice classes? Do I need to perform two searches?
No. Please use the Expert search in that case. In the Expert mode, your search query may contain as many classes as you like.
How can I find proprietors whose names contain diacritics such as ?, ?, ń, ĺ or similar characters?
In the DPMAregister service you do not need to think about how to enter such names correctly and you do not have to use wildcards. Just enter the basic letter and the search will also return words with diacritics. This applies also to words entered in other text fields.
In the DPINFO service is was possible to separately search for refused or withdrawn trade marks? It this also possible in DPMAregister?
Yes. However, it is not possible in the Basic search but only in the Expert search. In the Expert mode, choose the category 'Trade mark not registered' from the drop down list 'Data resource subset' or from the drop down list 'File status'.
My search for "Lüneburger Heidschnucke" did not return any results. Where can I search for it?
"Lüneburger Heidschnucke" does not constitute a registered trade mark, but an indication of geographical origin. There is a separate list of indications of geographical origin. Click on 'Indications of geographical origin' on the DPMAregister start page to view the list of indications of geographical origin.
The data displayed on that list refer exclusively to the official publications since 1995, issued during the national examination procedure. Further information on the later examination and registration by the European Commission is available at DOOR-Europa. You can find older registrations, like the above mentioned "Lüneburger Heidschnucke", in the DOOR-Europa database only.
My application for a (combined word and) figurative mark, which I have filed at the German Patent and Trade Mark Office, is shown in DPMAregister (file status: 'application received'), but why is the graphical representation not displayed, for which I actually seek protection?
Graphical representations of trade marks applied for are scanned separately. For this reason the display in DPMAregister might be delayed.
My trade mark application has been withdrawn, but is still included in the data of DPMAregister. Can the details be completely deleted in the database? Is it possible to indicate the applicant's address and the address for service in an abbreviated form for reasons of data protection?
No. This is not possible for legal reasons. Under Sec. 33(3) German Trade Mark Law [Markengesetz] and Sec. 65(1) no. 13 and Sec. 65(2) Trade Mark Law in conjunction with Sec. 23(1) and (2) Trade Mark Ordinance [Markenverordnung], a trade mark application must be published if the application date has been established. The name and residence of the applicant and the address of the recipient of official communications must be mentioned, among other things. If the trade mark application is not entered in the register, e.g. because it has been withdrawn or refused, these details must additionally be included in the publication.
How can I find word marks or word/figurative marks which contain the at sign @?
Searches for the at sign @ can only be performed in the expert mode.
You must use the following search query:
WM==@
Why does the field "Status of file" of the register information display "Trade mark registered, opposition period is running" although the opposition period has already expired?
The legal status information will be changed to "Trade mark registered" only after the expiry of a necessary additional period.
(Oppositions are often not received until the last day of the opposition period and then must be handled and the data entered for electronic processing.)
When does the opposition period for German national trade marks start?
Against the registration of the trade marks published in part 1a of the Trade Mark Journal (Markenblatt) a written notice of opposition may be filed with the German Patent and Trade Mark Office by the proprietor of an earlier trade mark or of an earlier commercial designation, within a period of three months after the date of that publication (Sec. 42 (1) Trade Mark Act).
When does the opposition time limit begin for an international mark?
The opposition time limit begins on the first day of the month following the issue month of the WIPO Gazette in which the internationally registered trade mark was published (Section 114(2) Trade Mark Act (Markengesetz)).
The opposition time limit is three months; it ends on the last day of the third month, except if it is a Sunday or public holiday (see Section 42(1) Trade Mark Act).
Why does a search for the word Spitze! (with exclamation mark at the end) also finds the words, for example, Spitzer or Spitzen?
As the exclamation mark is also used as a wildcard (for exactly one letter or character) in that search,it also returns other words.
What do I have to take into account when I search for a Vienna class of figurative elements, for example, 1.1.1 (Stars), in DPMAregister?
The European Union Intellectual Property Office (EUIPO) may, in certain cases, allocate other or similar Vienna classes of figurative elements for the search than the DPMA.
More information on the classification by EUIPO is available here.
My search result includes the message "Your search returned too many results. You can narrow your search by adding more search criteria." What shall I do?
First, you should check the drop-down menu "Result, maximum" in the lower section of the result list configuration: Which number of results has been chosen? You can possibly avoid the limitation of your search results by choosing a larger number of results; aside from 100 results you can also choose an alternative (250, 500 or 1,000) from the drop-down menu.
If your result list is still too long after choosing 1,000 results, narrow your search by adding another search criterion in order to retrieve all results.
Example for a search in the Basic mode: For your search you have entered << 25 >> (clothing and footwear) in the field "Class(es) Nice". To refine these results by opposition years, you perform more than one search step:
First search for the opposition year 2011: a) enter 25 in the field "Class(es) Nice" and b) enter J-2011 in the field "Start of opposition period" (BWT).
Second search for the opposition year 2010: a) enter 25 in the field "Class(es) Nice" and b) enter J-2010 in the field "Start of opposition period" (BWT).
Third search for the opposition year 2009: a) enter 25 in the field "Class(es) Nice" and b) enter J-2009 in the field "Start of opposition period" (BWT), etc.
The corresponding search commands in the Expert mode are:
First search for the opposition year 2011: bwt=j-2011 and kl=25 and (DB=DE or DB=EM or DB=IR)
Second search for the opposition year 2010: bwt=j-2010 and kl=25 and (DB=DE or DB=EM or DB=IR)
Third search for the opposition year 2009: bwt=j-2009 and kl=25 and (DB=DE or DB=EM or DB=IR), etc.
How can I search for word marks or word/figurative marks containing superscripts or subscripts?
For subscript characters or numbers, enter the search term without using an inferior character
Example: H2O ==> wm=H2O
To get as many results as possible when searching for search terms containing superscripts you should conduct a search query in the Expert mode using an OR operator.
Example: m˛ ==> (wm==m˛ OR wm==m2 OR wm=m2)
Entering wm=m˛ is not advisable since this search query will also return all trade marks containing only the base letter M, e.g. C+M+B. The superscript character is ignored in this search query.
Why does the acknowledgment of receipt include the following note regarding the details of the applicant?
"The details of the applicant need to be clarified. Please do not make telephone enquiries about this matter. The issue will be clarified after receipt of the fees due."
In the trade mark register, there is an almost similar note with the wording:
"Details of the applicant not yet clear, x, ZZ." ("Anmelderangaben noch nicht klar")
This means that the applicant?s details submitted are not yet sufficiently concrete and need to be clarified.
The details of the applicant must clearly show beyond doubt the legal form of the applicant. Frequently, the applicant fills in a natural person (private individual) as well as a legal person (e.g. e.V. (registered association), GmbH (limited liability company), KGaA (commercial partnership limited by shares), e.G. (registered cooperative society), corporation with legal capacity, etc.) as applicant in the space provided in the request form (box 3).
In some cases, the name and address (e.g. the private address in the case of natural persons or the business address in the case of legal persons) are incomplete or incorrect or ? in the case of a partnership under the German Civil Code (GbR) ? the name and the private address of one of the partners who is authorised to represent is missing.
Please note that the trade mark section in charge of the matter can contact the applicant only after receipt of the fees. The application fee must be paid within the three-month payment period in that case too!
How can I search for word marks or word/figurative marks which consist only of a number sign, an exclamation mark or a question mark or which contain such a special character?
These punctuation marks and special characters are usually wild cards in the DPMAregister database and must therefore be escaped for a search, which is only possible in the Expert mode.
The search commands are:
wm==\#
wm==\!
wm==\?
In case of a search for trade marks containing a wild card, you proceed the same way.
Example:
wm==\#amk
If you do not choose one-word search and search for wm=\#amk, you will find, for example, "amk" and "amk-akademie".
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