Deletion – easy and secure.
Since the chances of deletion vary from person to person, you should seek legal advice. Brand conquerors can assess your trademarks legal situation and your chances of success.
We offer you the following services:
- evaluate the chances of success of cancellation proceedings
- formulate the grounds for cancellation
- submit the request of cancellation to the competent office
You want to register your good idea, and someone else already did it. What happens now?
A trademark can be deleted from the register of the German Patent and Trademark Office. For this purpose, a request for cancellation shall be issued. This can be filed by the trademark owner or a third party.
When can a trademark be deleted?
Reasons for a request for cancellation may be:
- absolute protective obstacles
- relative protective obstacles
- non-use of the trademark
Absolute protective obstacles are:
- there is too great similarity between the mark and an already registered mark, its goods and services (no distinctive character)
- misleading information
- the mark consists exclusively of general signs or language indication.
Relative protective obstacles are:
- Knowledge of a previously unregistered but used “trademark” in the relevant public.
- Use of a company name, for example, which could create a risk of confusion.
Another reason is that the trademark proprietor does not use his mark. Five years after the trademark application, an application for cancellation due to non-use of the trademark is possible. This period is called “grace period for use“.