Trademark Opposition Procedure in Germany
Once a trademark is published in the official journal of the German Patent and Trademark Office, any interested party may file an opposition against its registration.
Procedure of trademark opposition:
- Filing a Notice of Opposition: The opposition must be submitted within three months from the date of publication of the trademark registration. It must be based on one opposing sign and clearly state the grounds for opposition.
- Cooling-Off Period: At the joint request of both parties, a two-month negotiation period is granted to explore an amicable resolution. This period can be extended further upon mutual agreement.
- Response to Notice of Opposition: If no settlement is reached or no negotiation period is requested, the trademark applicant has two months to respond to the opposition. The response should address the claims and provide supporting arguments or evidence.
- Decision: The DPMA reviews all submissions and evidence from both parties. A formal decision is issued based on the merits of the case.