Trademark Opposition Germany / Opposition against a German Trademark Application: Frequently Asked Questions (FAQ)
– The German Trademark Attorneys at FlatRateIP® have extensive Experience in German Trademark Opposition Proceedings –
The German Trademark Lawyers at FlatRateIP® (German Patent Attorney and German Lawer / Certified Intellectual Property Lawyer) possess extensive experience gained from numerous successful trademark oppositions in Germany – and we are ready to assist you as well!
We represent clients in two key scenarios:
- when you, as a trademark owner, intend to oppose a third-party German trademark application (more precisely, a trademark registration) (► filing an opposition against a trademark in Germany), and
- when you are defending your German trademark against an opposition (► defending against a German trademark opposition)
In the following you will find a comprehensive FAQ section covering the opposition proceeding against German trademark registrations.
► Feel free to contact us by email or phone to find out how we can help you!
General information about Trademark Opposition in Germany:
What is an opposition against a German trademark? What is the trademark opposition procedure in Germany?
An opposition against a German trademark is a legal procedure in which a third party – typically the owner of an earlier right – challenges the registration of a German trademark. If the opponent believes that the applied-for German trademark is identical or similar to their earlier right and that a likelihood of confusion exists, they can file an opposition to have the German trademark cancelled in whole or in part.
Who can file an opposition against my trademark registration in Germany?
Anyone who holds an earlier right in a trademark or another older right may file an opposition against a later German trademark registration.
When can I file an opposition against a German trademark registration?
Oppositions may be filed within three months from the publication of the registration of the German trademark in the German Trademark Register.
What is the opposition deadline against a German trademark registration? How long is the deadline for a trademark opposition in Germany?
The opposition period is three months from the date of publication of the trademark registration in the German Trademark Register. Within this time frame, an opposition must be submitted.
What if the opposition deadline is missed?
An opposition filed after the deadline is inadmissible. However, other options remain, such as cancellation or invalidity proceedings. These alternatives are however more complex and more costly.
Where must the opposition against a German trademark be filed? Where can I file the trademark opposition in Germany?
The opposition must be filed at the German Patent and Trade Mark Office (GPTO / DPMA) in Munich.
What are the costs involved in a German trademark opposition? How costly is the opposition against a German trademark? What is the opposition fee for an opposition against a German trademark application?
The official opposition fee of the GPTO is €250 for one opposition ground and optional (additional) €50 for each additional trademark or right relied upon.
| Official Fee of the GPTO Trademark Opposition Germany | |
| For one opposition ground: | 250 € |
| For each additional opposition ground: | 50 € each |
These fees are payable directly to the German Patent and Trademark Office (GPTO / DPMA) within the opposition period. In addition, legal fees will apply if you engage a specialized German trademark attorney. At FlatRateIP®, we offer transparent and cost-effective flat-rate packages – we are happy to provide a quote once you let us know the specifics of your case.
Which documents and forms are needed to file an opposition against a German Trademark?
For an opposition against a German trademark you will need the official opposition form from the GPTO / DPMA, evidence of the earlier right(s) relied upon, and preferably a reasoned written submission outlining the legal and factual basis of the opposition.
A specialized German Trademark Lawyer (like a Patent Attorney or German Trademark Lawyer) can help to prepare strong and persuasive legal reasons.
Can I file an opposition against a German trademark without a lawyer?
Yes, if you have a residential or business address in Germany, you may file an opposition against a German trademark without legal representation. However, engaging an experienced trademark attorney can help you avoid costly mistakes and improve your chances of success.
Do I need a lawyer if an opposition has been filed against my trademark?
If your trademark has a valid correspondence address in Germany, you may defend the case yourself. However, retaining a specialized German Trademark Attorney (such as a German Patent Lawyer or an Intellectual Property Lawyer) is often advisable due to the complexity and strategic considerations involved.
► Feel free to contact us by email or phone to find out how we can help you!
Opposition reasons in German Trademark Law for an Opposition against a German trademark:
On what grounds can an opposition be filed against a German trademark? Which opposition reasons exist in a German trademark opposition proceeding?
The primary opposition ground is the existence of a likelihood of confusion between the earlier and the contested sign, including:
- identical or similar trade marks,
- overlapping or similar goods and services.
What can an opposition against a German trademark be based on?
An opposition against a German trademark may be based on:
- earlier registered trademarks,
- unregistered trademarks in use,
- company signs,
- titles of work / work titles,
- protected geographical indications, and
- protected designations of origin.
Can I oppose a German trademark based on an EU trademark (EUTM)?
Yes, you can file an opposition in Germany based on an earlier EU Trademark / European Union Trademark (EUTM), since such trademarks are protected throughout the EU, including Germany.
Can I oppose an EU trademark?
Yes, but note: an opposition to an EU trademark / European Union trademark must be filed with the EUIPO in Alicante (Spain), and it must be submitted before the EUTM is registered. The procedure and legal framework differ significantly from a national opposition in Germany.
Can multiple oppositions be filed against a single German trademark?
Yes. Multiple parties may file separate oppositions, or a single party may base an opposition on multiple earlier rights.
Can I oppose multiple German trademarks simultaneously?
Yes, but a separate opposition must be filed for each trademark – there is no common procedure.
Do I have to oppose all goods and services covered by a German trademark?
No. You may target only specific goods or services in particular classes. The opposition does not need to cover the entire list of goods and services.
► Feel free to contact us by email or phone to find out how we can help you!
Opposition Proceedings before the German Patent and Trade Mark Office (GPTO / DPMA):
How does the trademark opposition proceeding work in Germany? What is the German opposition procedure?
After filing of the opposition with payment of the official fees at the GPTO, the Trademark Office checks the formal requirements and notifies the trademark owner of the opposition. The owner is invited to respond (typically within 2 months). After that both sides may submit further statements and evidence. The German Patent and Trademark Office finally decides whether the opposition is upheld and whether the trademark will be cancelled in whole or in part.
Timeline of the opposition process in Germany (from registration):
| Step | Proceeding | Approximate Time |
| Pre-Phase | German trademark examined, (ideally) registered, and published | ~1 month |
| 1 | After the publication third parties can file an opposition at the GPTO during the opposition period of 3 months | 3 months |
| 2 | After submission of opposition and payment of opposition fee, the opposition is examined and forwarded to trademark owner after some weeks | Few weeks |
| 3 | Owner’s reply deadline (standard) | 2 months |
| 4 | Further statements from both parties possible | Several months |
| 5 | Final decision by the GPTO | – |
What does the GPTO examine in an opposition proceeding against a German trademark?
The German Patent and Trademar Office (GPTO) checks:
- Formal requirements (e.g. timely filing, fees paid),
- whether a valid earlier right is invoked, and
- whether a likelihood of confusion exists between the marks.
What should I do if an opposition is filed against my German trademark? How should I react if there is in opposition against my trademark registration in Germany?
There are various options how to react to an opposition against your German trademark:
- Analyze the opposition notice carefully, ideally with an IP specialist
- Consider whether to negotiate a settlement with the opponent to find an amicable solution
- Submit a formal reply within the deadline to argue against the opposition
- You may also choose not to respond and wait for the decision – but this is usually not recommendable
How can I defend my German trademark against an opposition in Germany? Which counter arguments exist in an opposition proceeding?
Possible counter arguments as defense against a German trademark opposition include:
- No likelihood of confusion (based on sound, appearance, meaning),
- Clear differences in goods/services,
- (In certain cases:) Non-use defense, arguing that the opponent has not sufficiently used their earlier trademark.
The goal is to persuade the GPTO / DPMA that a coexistence is legally permissible. A specialist German Trademark Attorney can assist you in formulating the best response.
Can I as opponent withdraw my opposition?
Yes, the opponent may withdraw the opposition at any time, e.g. following a settlement.
Will my opposition against a German trademark be successful?
It depends on various factors if your opposition against a German trademark will be successful, e.g.:
- identity / similarity of the fronting signs,
- identity / similarity of fronting goods/services,
- distinctiveness of the earlier mark,
- possible non-use defense, etc.
What happens if the opposition against my trademark is successful? What are the consequences, if the opposition proceeding against a German Trademark is successful?
In case of a successful opposition against a German trademark, the contested German trademark will be cancelled in whole or in part. However, the losing party may appeal the decision.
What happens if the opposition against a German Trademark is rejected?
If an opposition against a German Trademark is rejected, the German trademark remains valid. The opponent may still challenge this decision by filing an appeal (e.g. “Erinnerung” or “Beschwerde”).
Can I appeal the GPTO’s opposition decision?
Yes. Legal remedies against an opposition proceeding are:
- “Erinnerung” (internal review) to the GPTO
- “Beschwerde” (appeal) to the Federal Patent Court (BPatG)
Is there a cost decision in a German trademark opposition? Who bears the costs of a trademark opposition proceeding in Germany?
As a rule, each party bears its own costs.
However, the GPTO / DPMA may order cost reimbursement upon request, though this is granted only in exceptional cases.
What are the legal fees for representation in a trademark opposition proceeding? With which lawyer’s fees should be calculated in an opposition proceeding against a German trademark?
Legal costs vary depending on the complexity of the case. At FlatRateIP®, we offer attractive fixed-fee models for various stages of the opposition. Feel free to request a quote after providing case details.
Contact Our German Patent and Intellectual Property Law Firm Today to Discuss Your Trademark Opposition in Germany!
FlatRateIP® is here to assist you — whether you are a sole applicant, startup, SME or large corporation — in enforcing or defending trademark rights in Germany through opposition proceedings.
Contact us today by email or phone to discuss your specific case and receive tailored advice from our experienced German Patent and Trademark Law Professionals.
► Feel free to contact us by email or phone to find out how we can help you!