{"id":6304,"date":"2021-07-21T20:21:56","date_gmt":"2021-07-21T18:21:56","guid":{"rendered":"https:\/\/slopek-dev.flow4.one\/markenrecht\/widerspruch\/"},"modified":"2025-01-21T15:15:28","modified_gmt":"2025-01-21T14:15:28","slug":"widerspruch","status":"publish","type":"page","link":"https:\/\/www.slopek.com\/en\/markenrecht-2-2\/widerspruch\/","title":{"rendered":"Objection procedure"},"content":{"rendered":"\n

Numerous trademark disputes are brought before the German Patent and Trademark Office (DPMA) and the European Intellectual Property Office (EUIPO). These primarily include opposition proceedings. If you need professional support, we are happy to assist you.<\/strong><\/p>\n\n\n\n

Defense against contradictions<\/h2>\n\n\n\n

Especially if you have not carried out an availability search beforehand, it may happen that you have to fight the trademark in opposition proceedings. We have extensive expertise in this area. It is not for nothing that Dr. David Slopek has been repeatedly invited by the EUIPO as an expert to speak about filing strategies and opposition proceedings.<\/p>\n\n\n\n

Due to our extensive experience in trademark opposition proceedings, we are able to reliably assess the chances of success of an opposition and represent you at a fair price. Please feel free to contact us.<\/p>\n\n\n\n

FAQ Objection<\/h2>\n\n\n
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How long can an objection be lodged?<\/div>\t
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The opposition period is three months for both German trademarks and EU trademarks. However, the start of this period is calculated differently: In proceedings before the DPMA, the opposition period begins with the registration of the trademark, whereas in proceedings before the EUIPO it begins with the publication of the trademark application.<\/p>\n\n\t\t<\/div>\t<\/div><\/div><\/div>\n\n

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What can an objection be based on?<\/div>\t
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The most common case is that an opposition is filed based on an identical or similar trademark that claims protection for similar or identical goods or services. However, an opposition can also be based on other rights such as company trademarks.<\/p>\n\n\n\n

When filing an objection, the objector must specify the law on which he or she bases his or her objection. Mistakes are often made here, which open up opportunities to effectively defend oneself against an objection that promises success in the matter.<\/p>\n\n\t\t<\/div>\t<\/div><\/div><\/div>\n\n

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How do I respond to an objection?<\/div>\t
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There are various ways to respond to an objection.<\/p>\n\n\n\n

View page<\/a><\/p>\n\n\n\n

First of all, in many cases there are ways to work out an amicable solution and conclude an agreement that ensures the peaceful coexistence of the brands. In this way, the risk of litigation can be eliminated for both parties and costs can be kept low. This is particularly useful when the outcome of the proceedings is difficult to predict for both parties.
If the prospects of success are predominantly positive, it is advisable to actively defend the trademark. If, on the other hand, the prospects of success are rather negative, it is worth considering avoiding the dispute by withdrawing the application. In this case, however, sensible compromises (partial withdrawal, conversion periods, etc.) can often still be negotiated.
In practice, it often happens that owners file an objection based on rights that are older than the contested trademark, but which are themselves vulnerable to challenge. A precise analysis of the register situation and decision-making practice repeatedly opens up opportunities to turn the tables and take action against the contested trademark in keeping with the motto “attack is the best defense”.<\/p>\n\n\t\t<\/div>\t<\/div><\/div><\/div>\n\n

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When is there a risk of confusion?<\/div>\t
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The likelihood of confusion between two trademarks is assessed based on three main criteria: How similar are the signs? How similar are the goods and services in question? And how distinctive is the older trademark?<\/p>\n\n\n\n

What initially sounds simple quickly becomes complicated. The devil is in the details. How do you actually judge whether signs are similar in the sense of trademark law? What criteria are used to determine product similarity? What is distinctiveness? And how do these three elements relate to one another? These and many other questions relevant to decisions are regularly assessed incorrectly by lawyers who are inexperienced in trademark law. It is therefore highly recommended that you have the question of the likelihood of confusion assessed by a specialist lawyer who is experienced in trademark law.<\/p>\n\n\t\t<\/div>\t<\/div><\/div><\/div>\n\n

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What objections can be raised against an objection?<\/div>\t
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Even if your trademark is identical to an older trademark or is likely to be confused with it, this does not mean that you have lost the opposition proceedings. There are numerous ways to successfully defend yourself, regardless of the question of trademark infringement. For example, you can challenge the protectability of the opposing trademark, raise a use defense or assert an older counter-right. With these and similar steps, even a case that was thought to be lost can still be turned around.<\/p>\n\n\t\t<\/div>\t<\/div><\/div><\/div>\n\n

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How much does an objection procedure cost?<\/div>\t
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In opposition proceedings before the DPMA, it is usual for costs to be offset against each other. This means that each party bears its own costs. And in proceedings before the EUIPO, a claim for reimbursement of costs is often not enforced for economic reasons. In order to keep the cost risk low and transparent for you, we therefore work with previously agreed fixed prices.<\/p>\n\n\t\t<\/div>\t<\/div><\/div><\/div>\n\n\n

Trademark lawyer<\/h2>\n\n\n\n

Dr. David Slopek has more than 10 years of intensive practical experience gained in Germany and abroad. After completing his studies, obtaining a Master of Laws and a doctorate at Heinrich-Heine-University-D\u00fcsseldorf<\/a>, he was admitted to the bar by the D\u00fcsseldorf Bar Association<\/a> in 2012. He learned his legal craft from scratch in a leading international law firm, for which he worked for around seven years in Alicante and Hamburg. In 2016, the Hanseatic Bar Association of Hamburg<\/a> awarded him the title of specialist lawyer for intellectual property law. In addition to his professional qualifications, he has also published extensively, with over 80 specialist publications. He and his team will advise you with expertise and experience in all matters of trademark law.<\/p>\n\n\n\n

Client opinions<\/h2>\n\n\n\n

The satisfaction of our clients is our top priority. Read here how our clients rate us on one of the leading rating portals for lawyers.<\/p>\n\n\n