► Provisional refusal German trademark: Cheap flat fee for handling complaint of international registration of a trademark application in Germany ► “German Trademark Lawyer”! ✔
International trademarks designating Germany (application of a German trademark based on an IR trademark from the World Intellectual Property Organization – WIPO) regularly receive a provisional refusal / objection issued by the German Trademark Office in Munich (German Patent and Trademark Office DPMA / GPTO) or receive an objection during the examination stage (WIPO irregularity notification (DE)). Our experienced German Patent and IP Law Firm offers a cheap flat fee (fixed price) for handling problems like the complaint of the international registration of a trademark application in Germany by replying to it and our German IP Lawyer and German Patent Attorney assist you in such matters as “German Trademark Lawyer” / “Trademark Attorney in Germany”.
In the last years, we’ve helped many colleagues and Intellectual Property Lawyers / IP Lawyers, Trademark Attorneys / Trademark Lawyers, Trademark Agents and Patent Attorneys as well as a lot of companies and individuals from around the world to successfully overcome the provisional refusal of their German trademark application (objection of German trademark) e.g. as part of an international trademark. We offer a low flat fee price to reply to the complaint of the international registration of a trademark application in Germany (filing a response to provisional refusals of the German Trademark Office).
Reasons for a provisional refusal of an International trademark in Germany (absolute grounds for refusal as well as relative grounds for refusal) by the GPTO – examples and original wordings of the German Trademark Office:
- A German 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
- A trademark is seen as being devoid of any distinctive character
- A trade mark is considered as being contrary to accepted principles of morality or is contrary to the public policy
- The German Trademark Office states, that indication(s) like “wholesale or retail services” in class 35 (or other goods / services) cannot be accepted for being too vague and therefore have to be specified
- The extension of protection of a trade mark consisting of or containing non-Latin characters (representation of the trade mark contains non-Latin characters) is subject to special rules: Therefore, a German translation, a transliteration and a transcription of the non-Latin trade mark / non-Latin elements of the trade mark are mandatory. Where the translation (or statement that the trademark cannot be translated), transliteration or the transcription is not filed in due time, and the requirements are not met, the international trademark registration shall be refused on formal grounds
- There is a conflict with an earlier mark because of a similarity / identity of the fronting signs and the offers (goods / services) of the marks concerned and there is a risk of confusion (likelihood of confusion) and an opposition against a trademark in Germany based on an older German trademark or European Union trademark (EM, EU trademark) has been filed by a third party (pending opposition proceeding in Germany)
- An application of a mark with the sign ® is subject to specific requirements and if these requirements are not met, the mark will be refused on formal grounds
If you or your clients need assistance in one of the above-mentioned matters of a provisional refusal of an international trademark application in Germany, just contact our German Patent and Intellectual Property Law Firm and forward the complaint to us. We will review it free of charge and send you our quotation to reply to the provisional refusal of the German Trademark Office to hopefully overcome the notification of temporary refusal by the DPMA / Deutsches Patent- und Markenamt (GPTO / German Patent and Trademark Office).
Warning for foreign filers: If no representative has been appointed within the provisional time limit of the first four months of the pronouncement of the refusal, this fact constitutes in itself a ground for refusal after the notification concerning the refusal of protection has become final. Therefore, it is absolutely necessary to appoint a representative before the German Trademark Office / GPTO (e.g. a German Lawyer or Patent Attorney) to avoid a refusal.
In case you’ve received a provisional refusal of your International trademark application in Germany issued by the German Trademark Office (e.g. based on an opposition), feel free to revert to us and forward us the complaint of the German Trademark Office, so that we can send you our quotation and a free general assessment in regard to chances to overcome the refusal for this trademark matter to hopefully get the trademark registration in Germany.