opposition

The owner of an older, pre-existing trademark can place an opposition to a newly registered trademark. This opposition has to be place within a period of 3 months starting from the day of publication of the registration of the new trademark with the DPMA office.

The opposition will only work and the new trademark will only be deleted, as a result of the following facts:
- The same trademark already exists and therefore has priority (Paragraph 9, Clause 1, NR. 1 or 2, Trademark Law.)
- There already exists an extremely well known trademark (Paragraph 10, Trademark Law and in connection with Paragraph 9, Clause 1, NR. 1 or 2, Trademark Law.)
- The registration of the trademark, was made for an agent, or a representative of the trademark owner, (Paragraph 11, Trademark Law.)
However, the opposition can be limited to certain individual goods / services, both the trademark in question and the trademark asserting the opposition.

The opposition can be withdrawn until the DPMA or the Federal patent court finds a legal verdict.

It is possible to have an opposition procedure next to a deletion complaint. The owner of the pre-existing trademark can first concentrate on the opposition procedure, although the deletion claim itself actually grants the more comprehensive protection of rights.

print                 top

a service provided by:

www.kanzlei-flick.de
Colonnaden 18
20354 Hamburg

For any comments please send an e-mail .