Protecting your brand in Germany requires navigating the German trademark system, which operates alongside — and partly independently from — EU trademark protection. German trademark registration is handled by the DPMA (Deutsches Patent- und Markenamt). A German trademark provides protection throughout Germany and is a cost-effective option for companies whose primary market is Germany, while an EU trademark (EUTM) registered at the EUIPO offers broader European coverage.
HUFELD advises international companies on their trademark strategy for Germany: assessing whether a German DPMA trademark or an EU trademark is the right approach for a given brand and market, conducting trademark clearance searches, preparing and filing applications at the DPMA, responding to office actions, and managing renewals and portfolio maintenance. We also handle trademark oppositions — both defending against oppositions to your applications and filing oppositions against third-party marks that conflict with your rights. All correspondence with the DPMA is handled in German on your behalf.
German copyright law (Urheberrecht) provides strong protection for creative works — texts, images, music, software, films, and databases — and is in many respects more protective of authors and creators than common law copyright systems. One key difference is that German copyright cannot be fully transferred to a third party; only exploitation rights (Nutzungsrechte) can be licensed or assigned, while the moral rights remain with the author. This has significant practical implications for agencies, developers, and creators working with German clients, and for companies acquiring content or software under German-law agreements.
HUFELD advises international companies, agencies, creators, and platforms on German copyright issues: the ownership and licensing of creative works, content agreements and work-for-hire arrangements and their limitations under German law, digital copyright enforcement, platform liability for user-generated content, and the licensing of software, images, and other protected materials. German registered design law (Geschmacksmuster / Designgesetz) offers a complementary layer of protection for two- and three-dimensional designs, and HUFELD also advises on design registrations as part of a broader IP protection strategy.
Germany has one of the most active IP enforcement environments in Europe. Rights holders — including competitors, specialized enforcement associations, and rights management organizations — actively monitor the market for infringements and frequently use the Abmahnung (formal warning letter with cease-and-desist request) as the first enforcement step. An Abmahnung typically demands that the recipient sign a cease-and-desist declaration (Unterlassungserklärung), pay costs, and potentially pay compensation. Ignoring or incorrectly responding to an Abmahnung can result in court proceedings and significant cost exposure.
International companies active in Germany should be aware that an Abmahnung can arrive at any time and that the response must be carefully calibrated to the specific situation. In some cases, the claim is valid and a modified cease-and-desist declaration is the best response. In other cases, the claim is unfounded or exaggerated and a robust defense is appropriate. HUFELD advises international companies on responding to Abmahnungen in all areas of IP law: trademark, copyright, design, and unfair competition. We also send Abmahnungen on behalf of international IP rights holders whose rights are being infringed in Germany.
IP licensing is a central commercial mechanism for many businesses — whether as rights holders licensing their technology, brand, or content to German partners, or as licensees acquiring rights to use protected materials in Germany. German law governs licensing agreements involving German licensees or German intellectual property, and the requirements for valid and enforceable licensing agreements under German law differ in important ways from common law approaches.
HUFELD advises on IP licensing transactions of all types: technology licensing (software, patents, trade secrets), brand licensing and co-branding arrangements, content licensing for media and digital platforms, and copyright licensing for agencies and creative businesses. We draft and negotiate licensing agreements in English, advise on German law compliance, and identify risks from the licensor or licensee perspective. For corporate transactions, we also advise on IP asset purchases and the assignment of IP rights in the context of startup financing and M&A deals.
Yes. Foreign companies and individuals can register trademarks at the DPMA without restriction. There is no requirement to have a German address or business presence. HUFELD manages the entire trademark filing process for international clients, including all correspondence with the DPMA in German.
A German DPMA trademark provides protection exclusively within Germany. An EU trademark (EUTM) filed at the EUIPO covers all EU member states including Germany. For businesses primarily targeting Germany, a DPMA trademark may be faster and more cost-effective. For businesses targeting multiple EU markets, an EUTM may offer better value. Both types can be held simultaneously for the same mark.
An Abmahnung requires a prompt and carefully considered response. You should not ignore it, sign the requested declaration as-is, or respond without legal advice. The correct approach depends on whether the underlying claim is valid, whether the amounts claimed are appropriate, and what form of cease-and-desist declaration is appropriate. HUFELD advises on Abmahnung responses and, where appropriate, negotiates with the opposing side or contests the claim.
Yes. Software is protected under German copyright law as a literary work (§ 69a UrhG). The protection arises automatically upon creation and does not require registration. German copyright law also has specific rules on employee-created software and on the scope of software licenses. HUFELD advises on software copyright ownership, licensing, and enforcement.
Yes. HUFELD sends Abmahnungen on behalf of international IP owners against German infringers, applies for preliminary injunctions before German courts, and pursues infringement claims through full court proceedings. We advise on enforcement strategy and risk-benefit analysis before taking enforcement action.
