Many trademark owners outside Europe prepare and file their applications themselves or through their own counsel at home and only need one thing from a European law firm, a representative or an address for service that the office accepts. The EUIPO, the German Patent and Trade Mark Office, the Austrian Patent Office and the Swiss Federal Institute of Intellectual Property will not correspond with an applicant that has no domicile or establishment in their territory. For these cases we offer registration as your representative or address for service at a one-time fee, without search, without examination of the mark and without any recurring charge. The fee is 350 EUR for an EU trademark and 250 EUR for a German, Austrian or Swiss trademark. This offer is made only through this website.
Where a representative is required
Before the EUIPO, an applicant or owner that has neither a domicile nor a real and effective industrial or commercial establishment in the European Economic Area must be represented in all proceedings other than the filing of the application (Art. 119 (2) EUTMR). The application can be filed without a representative, but the office will not deal with the applicant in the examination, in an opposition or at renewal.
Before the DPMA, an applicant without a domicile, seat or establishment in Germany may take part in proceedings only through a representative in Germany who is an attorney or patent attorney (§ 96 Abs. 1 MarkenG). This applies from the application onwards, and it applies to applicants from other EU Member States as well.
Before the Austrian Patent Office, applicants without a domicile or establishment in Austria must appoint a representative in Austria, or, if they are domiciled in the EEA or Switzerland, at least an authorised recipient in Austria. Our branch office in Hallein fulfils both roles.
Before the Swiss IPI, an applicant without a domicile or seat in Switzerland must designate an address for service in Switzerland, failing which the office does not process the application (Art. 42 MSchG). Our branch office in Felsberg serves as this address.
What the one-time fee covers
We are recorded in the register as your representative or as your address for service. You, or your counsel at home, remain responsible for the application itself, for the search, for the list of goods and services and for the decisions in the proceedings. We receive every letter the office sends to the representative, scan it and forward it to you by email on the day it arrives, with a note of the deadline it sets. The appointment is not limited in time. It stays in place after registration without an annual fee until you or we terminate it, so that renewal reminders, requests for information and later office letters continue to reach you.
Not included are the drafting of responses to office actions, opposition or cancellation proceedings, renewals and recordals of transfers or changes of name. If you want us to act in such a proceeding, you tell us and we quote in advance, usually at a fixed fee as well. Forwarding of original paper letters by post is charged at 2 EUR per item plus postage.
How the appointment works
Send us through the form below the office concerned, the mark and, if already filed, the application number, and the name and address of the applicant exactly as it appears in the register. We send you our details for the application form or, for a pending application or a registered mark, the form for recording the representative, together with a short written mandate for your signature and our invoice. Once the fee has been received, we file the recordal or confirm our appointment to the office. For an EU trademark the EUIPO records the representative within a few days, the national offices take about two to four weeks.
If you would rather hand over the whole application
Clients who prefer a full service, with search, drafting of the list of goods and services and correspondence with the office, find our fixed fees on the pages for the EU trademark, the German trademark, the Austrian trademark and the Swiss trademark. Representation is included there at no extra charge.
Prices are net attorney fees. For business clients outside Germany no German VAT is added. Official fees for recording a representative are not charged by the EUIPO, the DPMA, the Austrian Patent Office or the IPI.
How to instruct us
Use the form below. We reply in English within one working day and send you the mandate and our office details. You can write to us in English at any time, by email as well, at mail@matutis.de.