Fewer trademark disputes: Patent Office records decline in oppositions

Fewer trademark disputes: Patent Office records decline in oppositions

At the German Patent and Trademark Office (DPMA), objections from rights holders of older trademarks against new trademarks have decreased significantly in recent years. This observation is made by the South German newspaper confirmed. Last year, almost 50,000 trademarks were registered, representing a slight increase compared to the previous year. Of these, around 2,200 were challenged through objections, showing that the number of objections remains relatively small.

One reason for this decline could be improved research capabilities that help brand owners identify potential conflicts early. It also notes that large companies often use automated monitoring to capture new, similar brands. An example of this is a small business owner from Mühlacker who registered the “Broccodile” trademark and then received a warning and an objection from Lacoste. Patent attorney Alexander Bulling advises small companies to obtain comprehensive information and seek legal advice before registering a trademark.

Objection procedures and fees

According to the information from the DPMA Owners of older trademarks can file an objection within three months of the publication of a new trademark. There is an objection fee of 250 euros, plus 50 euros for each additional objection mark. It is also possible to base oppositions on trademarks of use or protected geographical indications.

Processing times for trademark proceedings are currently longer than usual. This is due, among other things, to increased registration numbers and an increase in deletion requests, combined with limited personnel capacity. In this context, the DPMA requests that you refrain from inquiring about the processing status.

Cancellation and nullity requests

The application for invalidity of a trademark must be submitted to the DPMA in writing, with a fee of 400 euros to be paid within three months. If there is no objection within two months, the trademark will be deleted. In addition, an owner can give up his trademark at any time and thereby submit an application for deletion.

There are also regulations for declaring the revocation of a trademark that has not been used within five years. A written application can also be submitted, which costs 100 euros. Similar to applications for invalidity, the DPMA informs the trademark owner when such an application has been filed.

Finally, the regulations mentioned also apply to internationally registered trademarks in Germany, which further increases the complexity of trademark law. In view of advancing digitalization and the associated challenges, legal support is becoming increasingly important for companies of all sizes.