This year’s symposium focused on the 2019 amendment to trade mark law and its impact on practice. High-calibre speakers, including Katharina Mirbt and Monika Schwarz, provided exciting insights into the latest developments at the DPMA.

Of particular relevance to our clients is the decision-making practice on certification marks. To date, around 250 applications have been rejected, while only around 50 trade marks have been successfully registered. A crucial point: The DPMA requires that the trade mark clearly shows its guaranteeing character, for example by using terms such as “tested” or a symbol such as a tick.

Although the new types of trade mark, such as sound, motion, multimedia and hologram trade marks, are attracting interest, the number of applications remains low.

Another exciting topic was the new cancellation procedure for trade marks due to non-use or earlier rights. Despite unchanged staff resources, the DPMA processes around 400 cases per year. While this low-cost and low-risk procedure offers advantages, the procedures currently take around two years. If you want faster results, you have to go through the regional court (with compulsory legal representation).
https://www.dpma.de/english/trade_marks/trade_mark_protection/mamog/new_types/index.html

If you have any questions or would like personal advice, please do not hesitate to contact us.

September 30, 2024
Thorsten Brüntjen
Patent Attorney