When International Trademarks with designation Germany (German Trademarks) are filed, the German Patent and Trademark Office (GPTO) / Deutsches Patent- und Markenamt (DPMA) often issues notifications of ex officio (total or partial) provisional refusals of protection (according to Article 5 of the Madrid Agreement / Madrid Protocol).
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Popular grounds for refusal of a German trademark application are e.g. the following:
- Absolute grounds for refusal, e.g. if a trade mark is seen as a descriptive indication / sign in respect of the goods / services mentioned, whose use cannot be reserved for a single holder but must be kept free for all competitors or if it is seen as devoid of any distinctive character
- An indication cannot be accepted for being too vague (e.g. “retail store services“)
- The extension of a trade mark with non-Latin characters which is subject to special rules – if these requirements are not met (e.g. for trademark applications which consist of Chinese or Cyrillic)
- A conflict with an earlier mark because of a similarity of the goods and services and similarity of the marks concerned, and likelihood of confusion and an opposition has been filed by a third party based on a national trademark or a Union trademark (EM)
If there is a refusal, it is absolutely necessary to appoint a representative before the GPTO (e.g. a German lawyer or patent attorney). If no representative is appointed within the provisional time limit of the first four months of the pronouncement of the refusal, this would be grounds for final refusal of the trademark.
Our experienced German Patent and Intellectual Property Law Firm with German Lawyer (Certified IP Attorney) and Patent Attorney (European Trademark and Design Attorney) is specialized in handling these types of office actions (provisional refusals) of the GPTO.
► Feel free to contact us by email or phone (without obligation) to find out how we can help you!
We also offer flat fees (fixed prices) depending on the expected effort. Please contact us if you need further information about a potential strategy to overcome the refusal or if you require an estimate for expenses for handling this matter.
Simply send an email with the trademark number (together with the provisional refusal) to us, so that we can check your matter and send you our offer for dealing with the provisional refusal of your international trademark designating Germany.
Inquiries from foreign colleagues as well as from direct clients are welcome.
► Feel free to contact us by email or phone (without obligation) to find out how we can help you!