Opposition
fails due to missing
Signature.
Opposition
fails due to missing
Signature.
of
A company files a trademark opposition on time—by fax and also in hard copy—and pays the opposition fee on time. Nevertheless, the opposition is rejected because both documents lack a handwritten signature. A recent decision by the Federal Patent Court illustrates how quickly a purely formal error can derail an otherwise timely proceeding.
Trademark opposition filed by fax without a signature
An opponent filed an opposition against the registration of the word mark DEUTSCHE WURLITZER, citing five prior trademarks. The opposition was received by the German Patent and Trademark Office (DPMA) by fax on October 7, 2022, and in paper form on October 8, 2022, in each case within the statutory three-month period following the publication of the trademark registration on July 8, 2022. However, on both forms, the signature field was filled in only by typewriter; a handwritten signature was missing. The opponent paid the opposition fee within the prescribed time limit.
The competent trademark division of the DPMA dismissed the opposition as inadmissible in a decision dated December 9, 2025. Applications filed with the DPMA must be signed by hand in accordance with the agency’s formal requirements, and that was precisely what was missing in this case.
The opponent filed an appeal, citing the Federal Court of Justice’s (BGH) case law regarding so-called “computer faxes,” according to which a handwritten signature may, in exceptional cases, be dispensable if the origin and authenticity of the document can be established beyond doubt by other means.
Trademark opposition requires a handwritten signature
The Federal Patent Court dismissed the appeal by order dated July 30, 2026—Case No. 30 W (pat) 4/26. A computer fax is considered to exist only if the sender is technically unable to sign at all because the document is sent directly from a computer. In this case, however, the objection was transmitted via the law firm’s standard fax machine, meaning the printout could easily have been signed. In such cases, case law continues to require a handwritten signature, as the Federal Court of Justice had already ruled with regard to scanned signatures.
For this purpose, a handwritten signature—that is, one made without the use of technical aids—is generally required on the original document.
Even the timely payment of the appeal fee did not change this. According to established case law, it does not substitute for a properly filed appeal.
What to Keep in Mind When Filing an Objection
Anyone submitting a time-sensitive brief by fax should have the printed original signed by hand before sending it. For electronic submissions, such as via DPMAdirekt, the signature is replaced by the designated qualified digital signature.
Conclusion
The fax—a form of communication often considered archaic—remains a staple among lawyers, especially since the DPMA has not yet joined the electronic legal communication system via beA. While many other offices, such as the EUIPO or the USPTO, consider typewritten signatures or initials to be sufficient, strict formal requirements continue to apply in Germany.
This decision shows how easily a trademark opposition that is otherwise promising can fail due to a technicality. It is therefore essential to comply with formal requirements to avoid unpleasant surprises.
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