Trade Mark Registration Certificate Translation for Germany

The DPMA and the EU trade mark: two separate routes

A mark can be protected in Germany along two different routes: a national application filed directly with the DPMA (Deutsches Patent- und Markenamt), or a European Union trade mark registered before the EUIPO and covering the whole of the EU. A third route, often used when a registration from Türkiye is extended to Germany, is an international registration made through WIPO under the Madrid Protocol and designating Germany or the EU. Which office the document is filed with has a direct bearing on the language and the scope of the translation; the DPMA route proceeds in German, whereas the EU route has language rules of its own.

That distinction also sets the scope of the translation. Since the national and the EU routes carry different formal requirements, it is settled at the outset which document is to be translated. The registration number and the filing and protection dates on the certificate must match the data of the basic mark; these are numerical identity and are carried across without being translated. The link between the basic registration and the international or EU registration is kept consistent throughout the document; if that link is broken, it becomes unclear which registration the mark rests on, and needless queries follow at the office.

Waren- und Dienstleistungsverzeichnis (the list of goods and services)

Trade mark protection is granted for particular classes of goods and services, and that classification rests on the international Nice system; in German the list of goods and services is known as the Waren- und Dienstleistungsverzeichnis. The real weight of the translation lies in this list: which products and services are protected must be carried across exactly and in full. In German terminology a single word choice that narrows or widens the coverage of a product shifts the boundary of protection, which is why the list is rendered with the established equivalents of the target language and handled consistently.

A frequent confusion is to take the class heading and the list of goods and services to be one and the same. The heading gives no more than a general frame; the actual scope of protection is determined by the specific goods and services itemised under that class. Shortening the list, or making do with the heading alone, misstates the scope of protection before the DPMA or the EUIPO. The Nice class numbers are likewise kept as they stand and in the same order.

Prioritätsbeleg (priority document) and the right of priority

Where an application rests on a right of priority, the priority document of the first filing (Prioritätsbeleg), together with its date and numbers, is the numerical identity of the file and is never altered in translation. Because the priority claimed under the Paris Convention determines the date from which the mark is protected, a date or a number that slips can leave the priority open to dispute. The priority document is in most cases submitted together with the basic registration certificate, and the link between the two is expected to survive the translation intact.

A trade mark is a sign, and a sign is not translated: a word mark is left as it stands, while a figurative element, a logo or a colour arrangement is described inside square brackets. Translating a mark according to its meaning turns the protected sign into an altogether different one. The type of mark (word, figurative, composite) and the proprietor’s name and address are likewise carried across in full as identifying data.

• Do not shorten the list of goods and services; do not settle for the class heading.
• Do not translate the word mark; preserve the identity of the sign.
• Carry the registration, protection and priority dates across as numerical identity.

Certification: DPMA formal requirements and the sworn translator

What decides matters during registration is usually not notarisation or an apostille, but a translation that complies with the DPMA’s or the EUIPO’s own language and format rules. Sworn translation, and where necessary notarisation and an apostille, come into play elsewhere: as an annex to a licence or franchise agreement, in an application for intellectual property enforcement at customs, or in infringement proceedings. A translation submitted for official use in Germany bears the stamp of a court-sworn translator (öffentlich bestellter und beeidigter Übersetzer). Germany is a party to the Hague Apostille Convention; if an apostille is required, confirm the current position from the official HCCH list. You can plan the process through our single office in Ankara Kızılay, see the cost on our pricing page and request a quotation by uploading your document. This page is for general information; for registration strategy, consult your trade mark attorney.