Objection & deletion procedure

Has someone filed an opposition against your trademark?

Has an opposition been filed against your trademark application or has someone requested its cancellation? As experienced trademark attorneys, we can assist you and defend your trademark before the German Patent and Trademark Office (DPMA) and the European Union Intellectual Property Office (EUIPO). Together we will analyze the chances of success of your case and develop the optimal strategy.
Briefly describe your request and upload any documents you already have. We will take a look at the matter and get back to you with a proposal on how to proceed. Your request does not incur any costs.

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Do you want to file an opposition yourself or have a trademark canceled?

If you find that a newly registered trademark infringes your own trademark rights, an opposition is often the best option. Or would you like to have a third-party trademark that infringes your rights deleted from the register? We will guide you through the entire process and ensure that your trademark receives the best possible protection. With our extensive experience in opposition and cancellation proceedings before the DPMA and EUIPO, we are at your side.
Send us an inquiry with information on the relevant brand(s) and we will get back to you with a proposal on how to proceed. Your inquiry will not incur any costs.

FAQ on objection and deletion

Opposition proceedings are initiated if someone is of the opinion that a newly registered trademark could be confused with an existing trademark. The opposition must be filed with the DPMA or EUIPO within three months of publication of the new trademark.

First, the objection is submitted in writing. The authorities then examine the opponent’s reasons and give the other party the opportunity to comment. This is followed by a legal review, and in the end the authority decides whether the objection is successful or rejected.

Cancellation proceedings are requested if the applicant is of the opinion that a trademark has been wrongly registered. Reasons for a cancellation can be a lack of distinctiveness of the trademark, deception of the public or non-use of the trademark. Infringements of older trademark rights can also lead to an application for cancellation.

An application for deletion can be filed at any time as long as there is no statute of limitations or other preclusive periods. In the case of deletion due to non-use, the application can be submitted after five years have passed since the entry was made.

Yes, both opposition and cancellation proceedings incur costs. These include administrative fees from the relevant authorities and legal fees. We will provide you with a transparent cost breakdown right from the start so that you know exactly what you will have to pay. Your request does not incur any costs.