HOME EXPERTISE DISPUTES Cancellation procedure

Cancellation proceedings, nullity proceedings and cancellation actions in trademark and design law

For German trademarks and German design rights, there are legal validity proceedings before the German Patent and Trademark Office (DPMA) and the Federal Patent Court, which can be used to cancel trademarks and designs if older, registered rights exist or if there are other reasons against registration.

Absolute grounds for refusal

A trademark or design can be canceled if there are so-called absolute grounds for refusal. In the case of trademarks, for example, this is a lack of distinctiveness. A design can be canceled if it is not new or has no individual character.

Cancellation due to earlier rights

The prerequisite for the cancellation of a trademark is that there is a likelihood of confusion between the opposing trademarks or that other property rights, such as a well-known brand name, are impaired. A younger design right can be canceled if it represents an imitation of the older design right. Cancellation serves to protect existing rights and prevent unlawful infringement.

Cancellation due to non-use (revocation)

A trademark can also be canceled at the request of a third party if it has not been used for the goods and services it claims for more than five years after the expiry of the opposition period or after the legally binding termination of opposition proceedings.

Cancellation proceedings before the DPMA

Cancellation requests against trademarks and design rights can be filed with the DPMA. The appeal instance is the Federal Patent Court. If the cancellation proceedings are based on absolute grounds for refusal or, in the case of a trademark, on revocation, anyone can initiate corresponding proceedings. Cancellation proceedings based on earlier rights, on the other hand, can only be requested by the owner of the property right. Upon receipt of the request for cancellation at the DPMA, the owner of the trademark or design right concerned is informed of the initiated cancellation proceedings. If he does not object to the cancellation within two months, the IP right will be cancelled without a substantive examination of the application.

Revocation and invalidity proceedings before the ordinary courts

The declaration of revocation of a trademark due to non-use or the declaration of invalidity of a trademark due to earlier rights can also be asserted directly before the ordinary courts.

Your contact partners