Record
Germany

Obtaining intellectual property registers extract · Germany

German intellectual property registers are the authoritative record of who holds a patent, trademark, or design right — and whether that right is still in force. Control over a company's IP portfolio is often the decisive question in a cross-border acquisition. The registers answer part of that question directly. This page states what they show, where they stop, and what a structured extract costs.

What the registers showHolder name, filing date, registration number, current legal status, and recorded assignments or licences. Source: DPMA Register (dpma.de) · verified 2026-10-01 Access conditionDPMA Register is publicly accessible without registration for search and status queries. Certified extracts require a formal request and carry a fee set by the DPMA fee schedule. EU-level rightsEU trademarks and Community designs are held in EUIPO registers (euipo.europa.eu), not in the national DPMA register. A German company may hold rights in either or both systems. Source: EUIPO · verified 2026-10-01 What the registers do not showUnregistered rights, trade secrets, software copyright, and contractual IP licences that were not recorded with the registry. These exist outside the register entirely.

What German IP registers record

Germany operates three principal registers relevant to intellectual property held by a German entity.

The DPMA Register (Deutsches Patent- und Markenamt) covers national patents, utility models, trademarks, and designs registered under German law. Each entry states the current holder, the filing and registration dates, the classification, and the legal status — active, lapsed, or transferred. Recorded assignments and licences appear as separate entries against the right.

The EUIPO registers cover EU trademarks (EUTM) and registered Community designs (RCD). A German company may hold rights exclusively at EU level, exclusively at national level, or in both systems. The two registers are independent; a search of one does not disclose rights held in the other.

The European Patent Register (EPO) records European patents that have been validated in Germany under the European Patent Convention. Validation creates a national right, but the filing history and grant record sit with the EPO, not the DPMA.

Register Rights covered Operator Public access
DPMA Register National patents, utility models, trademarks, designs DPMA (Germany) Yes — search and status without registration
EUIPO EUTM / RCD EU trademarks, Community designs EUIPO (EU agency) Yes — TMview and DesignView
European Patent Register European patents (DE validation) EPO Yes — Espacenet and EP Register

What an extract establishes for control purposes

An IP register extract answers a specific set of questions about control.

It confirms whether the company named as holder is the recorded owner at the date of extraction. It shows whether any assignment has been registered — meaning a transfer of ownership that has been formally recorded. It shows whether any licence has been recorded against the right, which may affect the holder's ability to deal with it freely.

It does not confirm that the recorded holder is the beneficial owner of the right. A right may have been assigned under a contract that was not registered. A licence may exist under a private agreement with no registry entry. The register reflects what was filed, not what was agreed.

For a cross-border acquisition, the extract establishes the starting point for IP due diligence. It does not replace a contractual warranty from the seller.


Filing date, priority, and term

Each register entry carries a filing date and, where applicable, a priority date. These determine the term of protection remaining.

German national patents run for a maximum of twenty years from the filing date, subject to annual renewal fees. Utility models run for a shorter maximum term. Trademarks are registered for ten-year periods, renewable indefinitely. Designs have their own term structure.

The register shows whether renewal fees have been paid and whether the right is currently in force. A lapsed right is recorded as such. A right approaching the end of its term is visible from the filing date and the applicable statutory maximum.

The extract does not show whether a renewal fee has been paid but not yet processed by the registry. There is a processing lag between payment and registry update. This is a known limitation of any point-in-time extract.


The limit of what the sources allow

The registers record what was filed. They do not record what was agreed, what was transferred informally, or what was never registered in the first place.

Unregistered rights — including unregistered trademarks under German and EU law, copyright in software and creative works, and trade secrets — do not appear in any register. A company's most commercially significant IP may be entirely unregistered.

Recorded assignments versus actual ownership. An assignment agreement takes effect between the parties when signed. The register is updated only when a formal recording request is filed and processed. There is a gap between contractual transfer and registry update. The extract reflects the registry state at the date of extraction, not the contractual state at any earlier date.

Licences not recorded. Exclusive licences are often recorded because the licensee has an interest in protecting its position. Non-exclusive licences are frequently not recorded. The absence of a recorded licence does not mean no licence exists.

Cross-register gaps. A search of the DPMA register alone will not disclose EU-level rights held by the same entity. A complete picture requires parallel searches across DPMA, EUIPO, and EPO. Each search is a separate operation against a separate database.

Pending applications. A patent or trademark application that has been filed but not yet published does not appear in the public register during the confidentiality period. The extract reflects published records only.

The ceiling of what the sources allow is stated before payment. An extract from these registers establishes the recorded position. It does not establish the full IP position of the entity.


Where the sources disagree

Discrepancies arise when the same right appears differently across registers, or when the register entry does not match the company's own records.

The most common discrepancy is a holder name that does not match the current legal name of the company — typically after a merger, demerger, or rebranding where the registry was not updated. The right remains valid, but the recorded holder name is outdated.

A second category is a recorded assignment to a related entity — a subsidiary or holding company — that is not reflected in the company's commercial register entry. The IP is held outside the entity being acquired.

Where discrepancies of this type are identified in the extract, they are flagged as findings, not resolved. Resolution requires further documents: the assignment agreement, the commercial register history, or a direct query to the registry.


What is included at each tier

Tier Price What is included Not included
Signal €440 Status search across DPMA, EUIPO, and EPO for a named entity; summary table of active rights by type and register; identification of recorded assignments and licences; extract date and registry source for each entry Lapsed rights analysis; cross-ownership mapping; licence terms; unregistered rights
Standard €890 Everything in Signal; full filing history for each active right; identification of related-entity holdings where the connection is visible in the register; discrepancy flags where holder name does not match commercial register Contractual licence review; freedom-to-operate analysis; unregistered rights; legal qualification of findings
Extended €1,800 Everything in Standard; parallel search across national registers of up to three additional EU jurisdictions where the same entity may hold rights; consolidated cross-register holdings map; written summary of gaps and limitations specific to the entity Legal advice; contractual review; unregistered rights; any right not appearing in a public register

FAQ

Does a DPMA extract cover EU trademarks held by the same company? No. EU trademarks are registered with EUIPO, not DPMA. A DPMA extract covers national rights only. A complete picture of a German company's trademark position requires a parallel EUIPO search.

What does "recorded assignment" mean in practice? A recorded assignment is a transfer of ownership that has been formally filed with the registry and entered in the register. It is evidence that a transfer was registered, not that the underlying agreement was valid or that no subsequent transfer has occurred outside the register.

How current is the extract? Each extract reflects the registry state at the date of extraction. The DPMA and EUIPO registers are updated on a rolling basis as filings are processed. There is no guarantee that a transaction filed on the day of extraction will appear in the extract.

Can a right be valid if it does not appear in the register? Yes. Unregistered trademarks, copyright, and trade secrets exist independently of any register. Their absence from the register does not mean they do not exist or are not enforceable.

What happens if the holder name in the register does not match the company name? This is flagged as a discrepancy in the extract. Common causes include post-merger name changes not updated in the registry, or rights held by a related entity. The extract identifies the discrepancy; resolution requires additional documents.

Is the DPMA register free to search? Status and bibliographic data are publicly accessible without registration or payment. Certified extracts and official copies carry fees set by the DPMA fee schedule, which is published on the DPMA website.


Sources: - DPMA Register — dpma.de — extracted 2026-10-01 - EUIPO TMview / DesignView — euipo.europa.eu — extracted 2026-10-01 - European Patent Register / Espacenet — epo.org — extracted 2026-10-01


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Disclaimer: This report is a factual compilation from official registers and public sources. It is provided for informational purposes only, does not constitute legal advice, and contains no legal qualification of the facts established. VLO Law Firm assumes no liability for actions taken or not taken based on this material. For advice regarding your particular situation, please contact info@vlolawfirm.com.

Author: Katharina Berg — Partner, Central Europe, VLO Law Firm