Opposition & Cancellation of Trademarks
Do you want to file an opposition or have a trademark canceled?
Has someone filed an opposition against your trademark?
FAQ on objection and deletion
1 What is an objection procedure and when can it be initiated?
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.
2 How does an appeal procedure work?
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.
3. what is a deletion procedure and in which cases can it be used?
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.
4 What time limits apply to a deletion procedure?
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.
5. will I incur costs if I initiate opposition or cancellation proceedings?
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.