How to file for trademark opposition in Germany?
 

As mentioned above, one of the steps of the trademark registration procedure in Germany is to publish the trademark in the Official Gazette for three months. During these three months anyone with previous rights or with valid reasons to contest the registration of the trademark may file an opposition. The period for trademark opposition in Germany cannot exceed the three months period.

 

A trademark opposition is usually filed by owners of previously registered trademarks or owners of other registered intellectual property rights. Trademark opposition in Germany must be submitted in writing. In order to file for trademark opposition a fee must be paid.

 

You can rely on our attorneys if you want to file for trademark registration in Germany or opposition.

 

What are the stages of trademark opposition in Germany?
 

Once the trademark opposition fee is paid and the application submitted, the opponent must prove that he or she has valid reasons to contest the registration of the trademark. The opponent must file a statement that shows how the trademark registration would affect him or her and must submit a statement of the reasons for opposing the registration.

 

 

Contrary to other countries where the contested party must submit an answer to the opposition, in Germany no counter-statement must be submitted. The applicant for trademark registration may file a counter-statement only if he or she considers so.

 

A settlement between parties is usually reached when a trademark opposition is submitted. However, if no settlement is reached, the opponent and the applicant must file evidence that supports the opposition, respectively the registration of the trademark. Based on all evidence, the German Trademark Office will make a decision whether to grant or deny the registration of the mark.
 

Trademark opposition may be appealed to the Trademark Office or to the German Federal Patent Court, according to the Trademark Act.