Forbidden Signs: State Emblems and Official Seals

Certain categories of signs are absolutely barred from trade mark registration in Germany, regardless of how distinctive they may be or how much use the applicant can demonstrate. Section 8(2) Nos. 6 to 10 of the Markengesetz (MarkenG), read together with the Paris Convention (Article 6ter), prohibits the registration of trade marks that incorporate official state symbols, emblems of international organisations, and certain other protected signs. These bars are not discretionary — they result in an automatic refusal that cannot be cured by stylisation, acquired distinctiveness, or commercial arguments.

What Is Prohibited

The DPMA will refuse registration of a sign that contains or consists of:

State Emblems and Flags (Section 8(2) No. 6)

Trade marks that include the coat of arms, flags, or other emblems of the Federal Republic of Germany, its constituent states (Länder), or German municipalities may not be registered without authorisation. This includes the Bundesadler (Federal Eagle), the German national flag (Schwarz-Rot-Gold), state coats of arms, and official seals. The prohibition extends not only to exact reproductions but also to signs that are heraldically imitative — designs that would be understood as depicting or evoking the official emblem, even if they are not precise copies.

Foreign State Emblems and International Organisations (Section 8(2) No. 7)

Under the Paris Convention’s Article 6ter regime, the DPMA also refuses marks that incorporate:

• Coats of arms, flags, and state emblems of other Paris Convention member states that have been notified to WIPO.
• Official signs and hallmarks indicating control and warranty adopted by Paris Convention states.
• Emblems of international intergovernmental organisations (such as the United Nations, the Red Cross and Red Crescent, the European Union, and the Olympic symbols) that have been communicated under Article 6ter.

WIPO maintains a searchable Article 6ter database listing the specific emblems and signs that are protected. The DPMA screens applications against this database during examination.

Official Guarantee and Certification Marks (Section 8(2) No. 8)

Signs that are identical with or similar to official German or international guarantee or certification marks (Prüf- oder Gewährzeichen) are refused if the application covers the same or similar goods or services for which the official mark is used.

Signs Contrary to Public Order or Morality (Section 8(2) No. 10)

Trade marks that are contrary to public order (öffentliche Ordnung) or morality (gute Sitten) are refused. This covers signs that are offensive, inflammatory, discriminatory, or that trivialise serious subjects. The assessment is made from the perspective of the relevant German public. This provision also catches marks that incorporate symbols of unconstitutional organisations — for example, symbols associated with the National Socialist regime or other banned organisations under German criminal law.

Stylisation Does Not Cure the Prohibition

Unlike distinctiveness or descriptiveness refusals, which can be overcome through acquired distinctiveness (Verkehrsdurchsetzung), the prohibitions on state emblems and protected signs are absolute. Stylising a protected emblem — modifying its colours, altering its proportions, or incorporating it into a larger design — does not remove the prohibition if the resulting sign is still recognisable as the protected emblem or heraldically similar to it.

The DPMA applies a broad interpretation: if the average consumer would perceive the sign as evoking or referencing the protected emblem, it will be refused. The applicant cannot argue that the emblem is used “decoratively” or “in a different context” — the bar is on the sign itself, not on the intention behind its use.

The Only Exception: Authorisation

The sole route to registering a mark that includes a protected emblem or official sign is to obtain explicit written authorisation from the relevant authority. For German state emblems, this means authorisation from the appropriate federal or state government body. For foreign state emblems, authorisation must come from the relevant government. For international organisation emblems, the organisation itself must provide consent.

In practice, such authorisation is rarely granted for commercial trade mark purposes. Government bodies and international organisations are generally protective of their symbols and reluctant to allow their use as commercial identifiers.

The Article 6ter Notification System

The international framework for protecting state emblems operates through a notification system under Article 6ter of the Paris Convention. States and international organisations notify WIPO of the emblems, flags, and signs they wish to protect, and WIPO circulates these notifications to all member states. The DPMA is obliged to refuse trade marks that conflict with notified signs. The full list of protected signs is available through WIPO’s online Article 6ter Express database.

Strategic Recommendations

• Screen against the Article 6ter database: Before finalising a mark that includes any heraldic, governmental, or official-looking element, search WIPO’s Article 6ter database and compare your design against notified emblems.
• Avoid flag-like designs: Even abstract or stylised designs that evoke national flags may be caught by the prohibition. Avoid colour combinations and arrangements that are heraldically similar to protected flags.
• Do not rely on stylisation: Modifying a protected emblem does not remove the bar. If the emblem is recognisable, it is refused.
• Seek authorisation only if genuinely needed: If your business has a legitimate connection to an official body (such as a government-approved programme or an officially endorsed product), authorisation may be obtainable. Otherwise, redesign the mark to avoid the conflict entirely.
• Be aware of public order restrictions: Beyond state emblems, ensure your mark does not incorporate symbols associated with banned organisations or content that would be considered offensive under German law.

Key Takeaway

The prohibitions on state emblems, official seals, and protected signs in German trade mark law are absolute and non-negotiable. Stylisation cannot cure the use of a protected symbol. Acquired distinctiveness cannot override the prohibition. The only escape is explicit authorisation from the relevant authority, which is rarely granted. Pre-filing screening against WIPO’s Article 6ter database and careful avoidance of heraldic or governmental imagery are essential steps for any trade mark application in Germany.