Contradiction,

Decay and

Nullity.

Trademarks can be attacked by opposition and applications for revocation or invalidity. Our experienced team of trademark attorneys will represent you in these proceedings before the Office and the courts.

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Opposition in trademark law

Opposition in trademark law is a procedure that can be used to take action against the application or registration of a trademark after publication of the trademark application or registration. The opposition can only be based on the opponent’s own earlier laws. The basis for a trademark opposition can therefore be, for example

an earlier applied for or registered trademark
an earlier well-known trademark
an older business name
an older designation of origin or geographical indication

The opposition can only be filed within a certain period of time. In Germany, the EU and most other countries, this period is 3 months from publication of the application or registration.

The opposition procedure is a purely official procedure which is conducted exclusively before the trademark offices.

Opposition proceedings can often be settled by negotiation through restrictions, delimitation and priority agreements, especially if the parties are not direct competitors or if only parts of the respective trademark are affected anyway.

Revocation in trademark law

Revocation in trademark law is a procedure that can be used to cancel trademarks that have already been registered. There are the following grounds for revocation in particular:

Non-use: If the trademark is not used after the grace period has expired, anyone can file an application for revocation.
Customary designation: If the trademark becomes a customary designation of goods or services in the course of trade as a result of the conduct or inactivity of its owner, it may be revoked.
Suitability to deceive: If, as a result of its use by the proprietor, the trademark is likely to deceive the public as to the nature, quality or geographical origin of the goods or services, it may be revoked.

An application for revocation can be asserted both at the respective trademark office and before the civil courts by means of an action or counterclaim.

Invalidity in trademark law

An application for invalidity of a trademark aims to establish that a registered trademark was invalid from the outset. The following grounds for invalidity exist in particular:

Invalidity due to absolute grounds for refusal: If the trademark was registered despite absolute grounds for refusal, it can be declared invalid.
Invalidity due to earlier lawsIf the trademark was registered even though earlier protective rights existed at the time of registration, it can be declared invalid.

An application for invalidity can be asserted both at the respective trademark office and, in the case of earlier laws, before the civil courts by means of an action or counterclaim.

Our expertise – your advantage

Our law firm has many years of experience in representing clients before the authorities and courts in opposition, revocation and nullity proceedings. We therefore know what is important in these proceedings and how best to defend your position. We also draft and negotiate delimitation and priority agreements in order to settle disputes in a sustainable and economically sensible manner. We have a very good international network of trademark experts at our disposal and can therefore also assist you with corresponding proceedings abroad. Our team of trademark experts combines many years of experience and sound legal expertise in representing you before authorities and courts in order to provide you with the best possible representation. You benefit from:

Examination and analysis:
We carefully examine and assess the prospects of success in proceedings concerning opposition, revocation or invalidity of a trademark.
Strategic advice:
We advise you on the best possible and most economically sensible strategy in these proceedings and where these proceedings can also be used as tactical means.
Compilation of evidence:
If it is a matter of rights-preserving use, we support you in compiling suitable evidence of use and prepare any necessary declarations.
Negotiation of agreements:
In appropriate cases, we negotiate and draft priority and delimitation agreements in order to finally settle the disputes and permanently pacify the legal situation for the parties.